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Commentary: John Boehner’s Collection Of Fine Whines

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By John Krull
TheStatehouseFile.com

INDIANAPOLIS – Just after President Obama announced that he was reforming America’s immigration policy through executive order, House Speaker John Boehner, R-Ohio, let loose a wail.

Boehner said Obama’s action made comprehensive immigration reform through congressional action much harder to achieve. He also called the president’s action illegal.

A Boehner spokesperson went even further, calling the president “Emperor Obama.” And other Republicans – including Indiana Gov. Mike Pence – have threatened to sue to overturn the president’s order.

Column by John KrullA lawsuit would be a brilliant political move for the GOP. Nothing says “family values” quite like going to court to separate children from their parents during the holiday season.

And, by trying to deport parents of children who are U.S. citizens, that is exactly what Republicans would be doing.

As for the “Emperor Obama” nonsense: Well, as president, Barack Obama is the chief law enforcement official for the United States and prosecutorial discretion is a well-established legal principle.

More to the point, Obama has used executive orders less often than any president going back to Chester Arthur. Ronald Reagan issued 50 percent more of them than Obama. And Calvin Coolidge – now often cited by small-government conservatives as a model of presidential self-restraint – issued seven times as many executive orders as this president has.

Then there’s the silliness of Boehner’s complaint that the president has made immigration reform much more difficult.

How, pray tell?

What legislative power did the House Speaker have at the beginning before the president spoke that he does not have now?

What, given that Senate already has passed a bipartisan immigration reform package that the president has endorsed, other than Boehner’s own fear that he’ll lose support with House Republicans has stopped and continues to stop him from acting?

The reality is that there is nothing preventing John Boehner and other enraged Republicans from dealing with immigration other than their determination to place their short-term political goals above the long-term interests of their party – and, yes, the nation.

The fact that Boehner and his howling chorus are behaving like school kids isn’t the only thing that’s tiresome about this episode.

It’s that they don’t even behave like smart school kids.

Ever since Barack Obama was elected president six years ago, Republicans have said, over and over again, they wanted to “take him on” and “fight him every inch of the way.”

Incoming Senate Majority Leader Mitch McConnell, R-Kentucky, famously said that his caucus’s highest priority wasn’t national security, job creation or improving education, but making sure that Barack Obama was a one-term president.

Along the way, they’ve called the president of the United States – aka “Emperor Obama” – everything but a child of God.

Most school children know that, if you run around the playground calling another kid names, screaming that you want to fight and pushing him every chance you get, there’s a chance he’ll swing back.

That’s just what happened here.

After getting beat up in the mid-term elections, Barack Obama finally figured out that Republicans don’t like him, won’t work with him and intend to keep pushing him. So, he hit the Republicans right in the mouth.

And, surprise, surprise, Boehner and his GOP boutique brawlers have discovered two things that generations of school kids learned much earlier in life.

Fighting involves getting hit as well as hitting the other guy – and getting hit isn’t much fun.

That’s why smart school kids tend to fight only when there’s no other option.

Given that Boehner, McConnell and the other Republican marshmallow maulers seem to have skipped over that important lesson about settling their differences like school kids, I’ll help them out with this little bit of advice.

Whining only makes it worse.

It’s not only undignified, but it just tells the other guy how and where to hit you so it hurts the most.

John Krull is director of Franklin College’s Pulliam School of Journalism, host of “No Limits” WFYI 90.1 Indianapolis and publisher of TheStatehouseFile.com, a news website powered by Franklin College journalism students.

Pelath In Good Position To Lead Otherwise Powerless Minority

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By Lesley Weidenbener
TheStatehosueFile.com

INDIANAPOLIS – House Minority Leader Scott Pelath had a message for the business leaders, reporters and political leaders gathered last week for a preview of the 2015 legislative session.

“I’m fine.”

The Michigan City Democrat said he appreciated the expressions of concern he’d received from friends and Statehouse observers since Republicans nabbed a couple more House districts and strengthened their majority to 71 of 100 seats in the chamber.

Pelath had acknowledged the losses were setbacks. But a couple weeks after the election, he was clearly ready to move on – and wanted others to stop dwelling on it as well.

“Enough of that, OK,” Pelath said with a laugh that conveyed he was only partly joking. “I’ve been through a lot of elections. Some go well, some go not exactly how you want. Sometimes you have the wind at your back, sometimes it’s in your face. You always fight to provide alternatives so that people have a choice.”

Pelath told the crowd that he would not “sulk over the short term” and will instead take a long-term view of the role of the Democratic caucus and its efforts to return to the majority in the House.

The latter could take a long, long time, unless Republicans make some pretty bad decisions that truly anger voters. But the Democrats’ role in the short term will be – as Pelath points out – truly important.

Although the Democrats don’t have even enough seats to prevent the GOP from having a quorum to do business, they can still be effective – if they pick their spots.

Earlier this year, Democrats combined with more moderate Republicans to strip a ban on same-sex civil unions out of a proposed constitutional amendment banning gay marriage. The move restarted the constitutional amendment process, which prevented the proposal from going on the ballot this past election.

And Democrats are likely to be influential in an upcoming debate about school funding as well. There’s no doubt the school districts they represent will be among the hardest hit by changes Republicans want to make in the way education money is distributed to districts. But some GOP-represented districts will be hurt too. If Democrats can pick off some of those frustrated Republicans, they may be able to sway the outcome of that legislation too.

Of course, what will make Democrats most influential is Pelath’s personal power. He has a rare ability to be highly critical of GOP leadership without becoming personally harsh. As a result, he and House Speaker Brian Bosma, R-Indianapolis, have developed a surprising mutual respect that serves both caucuses well. More than once, in fact, Pelath has expressed empathy for situations Bosma finds himself in as the head of a huge majority.

Still, Pelath can be blistering when he chooses. This past week, he said about the state’s unemployment report that “a rising economic tide that lifts only a few and submerges the rest isn’t something to be bragging about. It’s something to stop.”

And speaking about Gov. Mike Pence’s decision not to seek federal funding for pre-kindergarten programs, he said GOP leaders “talked like pro wrestlers, while demonstrating the backbone of invertebrates. It would be fun to watch if these circumstances didn’t offer grim omens for the schoolchildren of Indiana.”

It will take all of Pelath’s skills to keep Democrats relevant as the 2015 session begins. But he might be in a better position to do it than anyone else.

Lesley Weidenbener is executive editor of TheStatehouseFile.com, a news website powered by Franklin College journalism students.

Perjury Voids Conviction; COA Refers Prosecutor For Discipline

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Dave Stafford for www.theindianalawyer.com

A St. Joseph County man’s burglary conviction was reversed Monday by the Indiana Court of Appeals. The state’s knowing use of perjured testimony to obtain the conviction led the panel to refer the case for possible disciplinary action against a prosecutor.

“We are troubled that the State knowingly proffered perjured testimony but are even more concerned that the State granted the witness immunity from prosecution, which encouraged such testimony,” Judge Edward Najam wrote in an endnote in Antonio Smith v. State of Indiana, 71A04-1312-CR-609. “Thus, we direct the Clerk of this Court to send a copy of this opinion to the Disciplinary Commission. We also note that instances of prosecutorial misbehavior continue to come before us on appeal notwithstanding our admonishments.”

A jury convicted Antonio Smith of the Class C felony after a witness, Nicole Greenlee, testified that Smith had broken into a Dollar General store. Greenlee, though, had previously pleaded guilty to the crime in which she admitted breaking in. Greenlee testified despite defense objections that this was perjury and should result in a mistrial. Smith was sentenced to four years in prison.

Video surveillance from the store showed a white woman breaking into the store. Greenlee is white and Smith is African-American. The state offered testimony from an officer who said cell phone records showed Greenlee and Smith were in close proximity. On cross-examination, though, the detective said he didn’t know how far away each cell phone was.

“Greenlee gave perjured testimony as a matter of law at Smith’s trial. …(A) conviction based on perjury will not be upheld. … Perjured testimony renders a witness’ oath to tell the truth, the whole truth, and nothing but the truth meaningless. Perjured testimony contaminates a trial, violates due process and strikes a blow to the heart of our judicial system,” Najam wrote.

The state had offered Greenlee immunity for her testimony, Najam wrote, but also had a duty to correct her perjury and should have joined the defense motion for a mistrial.

The opinion does not identify the prosecutor who allowed the perjured testimony.

Former Pilot Truck Stop Asst. Manager Arrested for Theft

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

Indiana State Police Detective Tobias Odom initiated a criminal investigation in July after receiving information someone had been stealing money from the Pilot Truck Stop, 1042 East Warrenton Road, Haubstadt.

During the investigation, Detective Odom revealed George Tinsley, 33, of Evansville, was allegedly taking products off the shelf, ringing them up as returns and then taking the money for his personal use.
Tinsley was an assistant manager during the time the thefts were occurring. He allegedly stole approximately $4,000 during an eight month period.

Tinsley was arrested this morning at his residence without incident. He was taken to the Gibson County Jail where he is currently being held on bond.

ARRESTED AND CHARGE:
• George L. Tinsley, 33, 1614 Bedford, Evansville, IN
1. Theft, Level 6 Felony

Investigating Officer: Detective Tobias Odom, Indiana State Police
Assisting Officer: Trooper Aaron Kaucher

“The Outsiders World Tour” Sells Out Ford Center

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 Ford Center saw another sold-out concert with Eric Church’s “The Outsiders World Tour” hitting their stage on Saturday night. Opening act, Halestorm, kicked off the night with their some of their hard rock hits, including, “Here’s to Us,” “Freak Like Me,” and “I Miss the Misery.” Fans were taken back to classic country with Dwight Yoakum singing his hits: “Guitars, Cadillacs,” “Streets of Bakersfield,” and “Fast As You.”

However, it was not until Church’s gravelly voice came across the speakers singing, “The Outsiders,” that the room ignited with the loudest screams and cheers of the night. A few songs into his set, Church asked the crowd if they remembered Woody’s – Evansville’s landmark bar that burned down in 2009 – and spoke about how he remembered playing there when he was just starting out. Then, Church closed by saying, “I say that to say this, tonight is all about where we started. We’re up here to play as many songs as we can. We’re here for the music.”

“Tonight was the first taste of a series of big country concerts coming to Evansville,” said Ford Center Executive Director Scott Schoenike. “With Miranda Lambert and Luke Bryan coming in early 2015, we’re excited to continue bringing award-winning artists to the Tri-State area.”

Upcoming events at Ford Center includes Hadi Shrine Circus Nov 27-30, Kenny Rogers December 7, Monster Jam January 10- 11, Miranda Lambert January 15, Harlem Globetrotters January 18, Winter Jam 2015 January 29, Luke Bryan February 11, and Disney on Ice: Princesses & Heroes February 19-21, and Volbeat May 19.

VANDERBURGH COUNTY FELONY CHARGES

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

Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Friday, November 21, 2014

Cruz Bolton                 Domestic Battery-Level 6 Felonies (Two Counts)
Criminal Trespass-Level 6 Felony

Lyndsey Hahn             Theft-Level 6 Felony

Terry Kellems                 Unlawful Possession of Syringe-Level 6 Felony
Criminal Trespass-Class A Misdemeanor
Possession of a Synthetic Drug or Synthetic Lookalike Substance-Class A
Misdemeanor

Paul Roberts                Battery Against a Public Safety Official-Level 6 Felony

For further information on the cases listed above, or any pending case, please contact Kyle Phernetton at 812.435.5688 or via e-mail at kphernetton@vanderburghgov.org

Under Indiana law, all criminal defendants are presumed to be innocent until proven guilty by a court of law.

IS IT TRUE November 25, 2014

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IS IT TRUE on “Black Friday” Nov. 28th “We the People” are going to be picketing in front of the Evansville Courier & Press building located on 300 Walnut Street beginning at 1:00 pm to 3:00 pm rain or shine?  …this protest has been dubbed the “Integrity In Journalism”?  … that protest organizer Brenda Bergwitz stated we are sick and tired of  the Evansville-Courier and Press not reporting the truth about national political events?  …that she also added that the Evansville Courier and Press are not only reporting the real political happenings at the Civic Center but also aren’t publishing important “Letters to the Editor” sent to them throughout the year? …she also stated that everybody is welcome regardless of political affiliation. …she wants everybody to bring the American flag or wear patriotic outfits?  …she also added if you can’t physically attend this event please drive by and honk your horn in support of this protest?

IS IT TRUE that the Master TIF fund  that will supports the new downtown Hotel and IU Medical School projects declined by over 50% within one year, i.e. 3 million dollars?

IS IT TRUE Investment dollars are pouring into Haynie’s Corner which has long been an embattled area thought to have high potential for downtown living and entertainment?…Haynie’s has in the past been subjected to hit or miss public shots of cash that have had little impact?…this time things may be different?…the old Victorian House at 1112 Parrett is about to be home to a restaurant called “the Dapper Pig”?…that is all well and good but this house was bought by Evansville Brownfields in 2009 for $190,000 and subsequently sold for $30,000 in a deal that never closed when the cost to refurbish the house were found to exceed the value by a large amount?…what is offensive and non transparent about this new venture is that Evansville Brownfields is refusing to disclose the terms of the deal?…we strongly suspect that this secrecy is all about handing out a large amount of money to the entrepreneurs who are opening the restaurant?…what we would like to know is what do the people of Evansville get if and we must say if the new restaurant, the expanded Bokeh Lounge, apartments and town homes succeed?…we like the idea of Haynie’s Corner being safe and nice, what we don’t like is the redistribution of tax dollars into the hands of select individuals?

IS IT TRUE in another case of taxpayer fueled development, the old Roger’s Jewelry building is about to become a Mexican restaurant?…the Chamber of Commerce, the City of Evansville DMD, and some private patrons got together and held a contest to award someone a $270,000 prize package to start a restaurant?…we are pleased to see that a local resident won the contest and wish him well, but we do wonder what the people of Evansville will get from this so called “investment”?

IS IT TRUE the negative trending attached to the AA- bond rating assigned by S&P to the Water and Sewer Utility Bonds turns out to have happened prior to Mayor Winnecke’s proclamation that Evansville’s bond rating was great after the 2012 audit fiasco?…we therefore reverse our previous opinion and believe that the Mayor’s statement was intentionally misleading?…whether that was a lie or just being oblivious to the reality is a judgement we are not sure of?…there was a time when the Mayor and several members of the City Council were snookered by Earthcare Energy so the OBLIVIOUS tag may be the reality of our governance whether it is bond ratings or energy scams?

IS IT TRUE the most interesting development on a national stage over the weekend was the disclosure that the 30,000 “lost” emails at the IRS regarding Lois Lerner’s alleged inappropriate application of tax law toward non-profit agencies with conservative leanings?…it seems as though with our federal government that transparency has morphed into open covert tactics against American citizens?…we do not know what is in these emails but we suspect strongly that it will not reflect well on the IRS?…the unequal justice that seems to have been doled out by Lerner and covered up by her superiors is no way for tax policy to be applied in a place that calls itself “the land of the free”?…this as many other cases of lies and deceptions of recent history will be interesting to watch unfold?

IS IT TRUE Controversy over inflated Obamacare enrollment numbers has renewed demands for the administration to be far more open about sign-up data and other crucial aspects of the health care law?…it’s not just Republican opponents on the Hill insisting on change: Consumer groups, health experts and even strong Obamacare advocates are pushing for the administration to be more forthcoming?…Journalists have also voiced frustration over the lack of timely and complete enrollment reports from a White House that pledged to be transparent from day one?…fluffing the numbers by 400,000 dental plans to achieve the goal of 7,000,000 enrollees probably makes little difference in the big picture, but it is just another falsehood in a program that has been riddled with errors and lies from its inception?…we could have all dealt with 6.9 million out of a 7 million goal but Marilyn Tavenor and company must have felt compelled to get a couple of Pinochio awards to go with the ones the President and Gruber foisted upon the “stupid American voters”?

EPD Activity Report November 24, 2014

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
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.EPD Activity Reports

Two juveniles Arrested For Vandalism After Using Pellet Gun To Damage Moving Cars

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

Evansville Police arrested two 13 year olds after several motorist had their cars vandalized as they drove through the area of N. Kentucky and Christ Rd. One of the victim’s had a car window shot out and at least one victim thought they heard gun shots.
The juveniles were spotted hiding near the scene and fled when an officer tried to talk to them. They were caught after a foot chase.
One of the juveniles had a pellet rifle and the other had firecrackers.
Police believe the juveniles were lighting the firecrackers as they shot the pellet gun.
There were three reported incidents in the area over a 90 minute period beginning around 10:00 on Sunday morning.
Anyone who was in the area today and believes their car was vandalized should call 911 and file a report.
The juveniles were arrested for Criminal Mischief and Resisting Law Enforcement. Both were placed at the Youth Care Center.