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INSIDER INFO -- JULY 2008
The first of many?
Yes, Virginia
Accidental Speaker?
Four Corners of Pennsylvania
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The first of many?
After 17 months of investigations, Attorney General Corbett announces the first batch of indictments in Bonusgate scandal
By Al Neri
The gory details are likely splashed all over the front page of your newspaper so I won’t repeat them all here.
But yesterday, July 10, I watched Attorney General Tom Corbett’s news conference from the Camp Hill studio of the Pennsylvania Cable Network and then got to comment on what I had heard for an hour and 10 minutes on live TV.
And, oh, what I heard was shocking and disturbing.
This time, I jostled with callers – whether I thought they were right or wrong. I interjected on the conversations of my fellow guests, PR man Charlie Gerow and state Sen. Jeff Piccola, R-Dauphin, one of the better government types.
Much of the talk revolved around House Democratic Leader Bill DeWeese. Was he really ignorant of what was going on under his nose as he claims?
“DeWeese,” I said, “enjoys the drama of being floor leader, of leading the debate” and trying to impress everyone with his million-dollar vocabulary. I waved my arms as if to demonstrate DeWeese-like exuberance.
I said I could see where DeWeese would take the title and its goodies – big car, big staff, access to the state plane to travel -- and leave the details of being leader to others.
Yes, maybe it’s true. Maybe he was ignorant that a 21st Century version of Sodom and Gomorrah was going on all around him. Either he knew or he didn’t know – it’s the $64,000 question in Harrisburg.
I, along with my fellow guests, defended Corbett against callers complaining that Corbett was being partisan in targeting Democrats first. We all emphasized that Corbett emphasized that this was an “ongoing investigation” that could lead to more charges against members and staffers in other caucuses or even more charges against other House Democrats as revelations unfold.
Mostly, though, it seems the House Democrats were so sloppy and arrogant in what they did that Corbett would have to be a prosecutorial fool not to go after the low-hanging fruit first.
Mostly, though, by the end of the two hours I was sad – the same sentiment that Corbett made in his response to one of the first question from the press about how he felt about his own office’s 100-page presentation -- “This is a sad day for Pennsylvania.”
This story is going to start out differently than most Insider stories. It’s based on a conversation I had this week with a good Republican friend who asked me an obvious question to which I thought there was an obvious answer. But maybe everyone doesn’t realize it.
“Is there going to be a Republican primary in 2010,” my friend asked me.
My reply: “You bet there is!” There is always a wild scramble among Republicans to run for governor after a Democratic incumbent finishes his eight-year limit.
“Why,” she asked. My reply: “Because the best chance a Republican has of being elected governor only comes around every 16 years after a Democrat is leaving the governor’s office and 2010 is the next time that’s true since 1994 when Tom Ridge was elected.”
It’s a truism that holds going back to 1970 when Democrat Milton Shapp was elected. Eight years later, in 1978, several Republicans ran in that year’s primary and Dick Thornburgh, who won regional fame as the U.S. attorney in Western Pennsylvania, won because all the other candidates were from southeastern Pennsylvania.
And even though post-primary polls had Thornburgh losing to Democrat Pete Flaherty, the former Pittsburgh mayor, by 30 points, the Republican camped out for the general election in Philadelphia and its suburbs and the strategy and superior GOP fund-raising worked. He beat the popular Flaherty by a quarter million votes statewide.
(Editor’s Note: a little political history is in order here. Four years later, in 1982, Thornburgh would become the first sitting governor eligible for a second term who nearly lost. This was despite his being widely acclaimed for some reforms in state government plus his handling of the 1979 Three Mile Island nuclear crisis just two months into his first term.
The reason: a recession had gripped the nation and hit hard especially in Western Pennsylvania. A little remembered political fact, in 1982, the Democratic Party came to popular Philadelphia District Attorney Ed Rendell, then easily re-elected to his second term in 1981, and offered him the endorsement/nomination to run against Thornburgh.
But Rendell turned down the offer choosing instead to wait until 1986 for the open seat.
The party instead turned to little-known central Pennsylvania Congressman Allen Ertel whose district had been redrawn making it difficult for his re-election there. Ertel was the Democratic candidate against Thornburgh and came within 100,431 votes of toppling Thornburgh despite having little money and resources. It is widely held that if Rendell had run with his Philadelphia metro base and fund-raising ability he would have defeated Thornburgh and become governor in his mid-30s. In 1986, he did run for governor and was trounced by former auditor general Bob Casey Sr. in the primary. Casey won the general election by a squeaker. Rendell was in his late 50s and had served two terms as mayor before finally becoming governor in 2002, this time after he beat Casey’s son in the primary.)
The 16-year Republican gubernatorial scramble is based on another Pennsylvania political axiom – that the voters of Pennsylvania change the party in power every eight years. This has been true since 1954 when Democrat George Leader, a York County state senator and chicken farmer, won his gubernatorial term to be followed by Pittsburgh Mayor David Lawrence, a Democratic icon in 1958. (Governors were only permitted to serve a single four-year term until 1970. That’s when a revised state constitution took effect allowing two terms.) Since 1954, like clockwork, executive power has transferred every eight years.
That means that every 16 years, after a Democrat finish two terms, the state GOP
scrambles like crazy to elect one of its own.
But the problem is, by that point, lots of ambitious Republicans have set their sights on the top state job. They are not about to be denied for the sake of ‘party unity.’ A sharp, Republican-on-Republican hand-to-hand combative primary will develop and take place in 2010 just as it did 16 years earlier in 1994 after Bob Casey Sr. finished his two terms in office.
In that year, Ernie Preate, a media hound as the state attorney general, was the acknowledged GOP front-runner since he was best known statewide but Preate was challenged by a little-known congressman from Erie named Tom Ridge. Ridge had astutely courted party leaders in southeastern Pennsylvania and top GOP donors from 1990 onward. As a result, Ridge won the state party endorsement but four other Republicans, including Preate, stayed in the primary and fought hard.
But Ridge had a strategy. He was strong in his small regional base in northwestern Pennsylvania and he mounted a drive there to re-register Democrats as Republicans to vote for him. (His younger brother, David, a Democrat, led the drive).
Despite negative attacks for coddling a ‘convicted felon’, Ridge embraced popular former Republican state chairman Bob Asher who had gone to jail in the 1980s for nearly a year in a bribery trial where many Republicans still dispute the jury verdict and whether Asher actually was guilty of any crime. Asher gave Ridge access and credibility with other Republican leaders in the region. His mild support for abortion rights while in Congress was the right fit for the moderate Republicans in suburban Philadelphia
Finally, Ridge got a little luck too. Two weeks before the primary, a state House committee held a hearing that gave credence to rumors and media reports that that Preate might have serious legal troubles with federal authorities from illegal contributions he took when he was a district attorney in Scranton. (Those troubles ultimately, a year later, led to Preate’s downfall and guilty plea and a one-year sentence for mail fraud.)
On primary election night, Ridge won with 344,798 votes (35 percent) to Preate’s 287,400 (29 percent) – a mere six point and 57,400 vote difference between the two top vote-getters. Trailing were former Philadelphia mayoral candidate Sam Katz with 16 percent, then-state Sen. Mike Fisher with 14 percent and anti-abortion activist John Perry with 6 percent. Ridge’s 57,400 vote difference is only the size of a small Pennsylvania city. He had spent more than $11 for each of his votes.
He too faced post-primary polling that showed him trailing Democratic primary winner, Mark Singel, the incumbent lieutenant governor. But Ridge increasingly narrowed the gap in the polls, hammering Singel with a tough-on-crime platform. Ridge caught more luck two weeks before the general election when a Pennsylvania convict for whom Singel had voted for parole, raped and killed a woman in Long Island, N.Y. Ridge is convinced he was starting to overtake Singel anyway; Singel thinks the timing of the incident cost him the election. Ridge took office in 1995 and was handily re-elected in 1998 (as most sitting governors are; Thornburgh’s being the anomaly).
So back to the present and future – now and 2010, a mere 18 months from now.
Meehan’s decision to leave office now is no surprise. Others are gearing up to run and Meehan needs time to organize and raise money. Also, the trial in the landmark case of his tenure, Vincent Fumo vs. the United States, will begin Sept. 8 and may take months to conclude. Meehan will be long gone and its result will rest with his staff prosecutors rather than himself, although a victory against the powerful Democrat would greatly enhance Meehan’s candidacy.
The other Republicans in the wings:
And what of the Democrats?
They have their own beliefs and point to a number of factors that could still result in a Democrat succeeding Rendell. They say the eight-year cycle is an old political saw that is waiting to be broken and 2010 could be that year.
First, there is the steep increase in registered Democrats in the state, which surged during the contested presidential primary between Obama and Sen. Hilary Clinton on April 22. And registrations keep pouring in for Democrats while Republicans flounder on how to win voters back.
If the state goes Democratic in this year’s presidential race that would make it the fifth in a row (since 1992) and that would further buoy Democratic hopes of keeping executive power in the Governor’s Residence.
Second, the Republican brand is greatly damaged because of the unpopular Iraq War and President George W. Bush who led the nation into that conflict.
The Democratic front-runner for governor is Allegheny County Executive Dan Onorato who polls well in his home region (the Pittsburgh TV media market) and is currently traveling the state speaking to Democratic groups and getting better known.
He also is the favorite of the Rendell money people from Philadelphia who helped the former Philadelphia mayor raise a record $40 million when he ran in 2002 in the primary and general elections and $32 million when he ran for re-election in 2006.
Onorato has raised more than $2 million to date, more cash than any of the other Democrats and his war chest and its potential to grow could intimidate others out of the race.
Nonetheless, other Democrats considering a run are:
Accidental Speaker? Maybe, but Denny O’Brien has surprised folks by winning passage of the legislation he cares most about
Plus, all the Democratic leaders who made the last-minute January 2007 decision to elect O’Brien Speaker with 99 House Democratic votes and 6 House GOP reformer votes, made the limits of the deal clear to O’Brien.
‘It was a two-year commitment,” said House Majority Leader Bill DeWeese, D-Greene, a comment echoed by House Appropriations Committee Chairman Dwight Evans, D-Philadelphia.
DeWeese has even said since that if he wins re-election this fall, he would like to run for Speaker and hold that office again. DeWeese won re-election in 2006 and now faces a tougher test as the Bonusgate probe into alleged bonuses paid to staff for campaign work is being investigated by the Attorney General.
And Harrisburg is buzzing after the July 10 announcement of charges alleging official misconduct against DeWeese allies and staffers, although few expect DeWeese himself to be charged formally this summer, if at all. DeWeese maintains he is innocent of any wrongdoing and that Corbett’s probe will bear out his claim that he has helped the investigation and knew nothing of what Corbett has uncovered.
Even if DeWeese is too damaged to run, Evans or other Democrats may run, since after the coup, members of the House Democratic caucus actively discussed replacing O’Brien with a Democrat. But those discussions came to naught when Evans and DeWeese and other leaders said they were sticking with O’Brien.
For those who have forgotten, O'Brien reached the pinnacle of the House by an interesting path. Despite winning the majority in the fall of 2006, Democrats knew they had lost at least one of their own, Rep. Tom Caltagirone, D-Reading, who publicly said the weekend before the speaker’s election date that he would not vote for DeWeese.
Actually they were three votes down, because two other House Democrats had also secretly defected and would vote for House Speaker John Perzel, R-Philadelphia, instead of DeWeese.
So Democrats began to court O’Brien to vote for DeWeese, along with a group of reform-minded House GOP members. They all refused. Then, on New Year’s Eve, Rep. Josh Shapiro, D-Montgomery, had an idea: how about asking O’Brien to run for Speaker, and DeWeese could stay majority leader.
A top House Democrat advised Shapiro to sound out O’Brien, and within two days, the deal was made and Perzel was shocked that his long-time colleague, from a neighboring district, unseated him as Speaker. After all, O’Brien had never been any more than a committee chairman.
The sudden ascent of the notable veteran lawmaker to the Speaker’s chair skipped the normal process of working his way through leadership to the summit of his profession.
So O’Brien started as Speaker with no base of support in either party, a likely two-year term limit being imposed by his new friends, and the difficult – some would say impossible – job of being a bi-partisan reform Speaker.
And it hasn’t been easy. Rep. John Maher, R-Allegheny, frequently patronizes and attacks O’Brien and his rulings, almost daily on session days. O’Brien, once a loyal procedural GOP vote, has ruled on behalf of the Democrats in almost all cases, sometimes even causing some of the six Republicans whose votes made him Speaker to scold him during debate.
But the always-energetic and upbeat O’Brien has kept calm, kept smiling and become a surprisingly powerful Speaker.
Last year he added $7 million to the traditional $3 million state budget line item for autism services and became the driving force in state and county prison reform and parole reform. O’Brien has a soft spot for autism because he has a nephew stricken with the affliction. And he has always been a strong police advocate throughout his career.
This year he won House passage of a bill bitterly fought by the insurance industry, to mandate coverage for children with autism. Then, when the bill was weakened in the Senate, O’Brien spoke out and lined up Gov. Ed Rendell behind him.
The perceived problem was that Senate Republicans paired up his autism insurance mandate bill with a Senate GOP-sought bill giving the legislative insurance committees the right to comment and get answers on the merger of the two biggest Blue Cross/Blue Shield companies. But that was not the problem: that proposal, after a year’s negotiation between GOP lawmakers avid to get input into the deal, was basically agreed-upon. The problem, as Legislative Affairs Secretary Steve Crawford said, was “they married the Blues bill to a bad autism bill. … We support the Speaker and we will not sign this bill.”
Rendell’s support back in January 2007 helped O’Brien become Speaker and his support in July 2008 rescued the autism bill. O’Brien worried the Senate amendments to his bill would let families fall into the cracks between private and public insurance, which kicks in after families or insurers spend $35,000 in a year.
He and Senate Republicans worked out language that assuaged O’Brien’s concerns, and Senate Republicans said his changes were basically not different from what they proposed.
And up until the last month, everyone assumed O’Brien could never pass that autism insurance mandate bill, which he frequently and openly said was his top goal during his speakership.
And he passed the first leg of his criminal justice system reforms, with more scheduled for the fall.
So the Accidental Speaker has lived up to his own ambitious agenda and surprised Harrisburg insiders in doing so.
So for a guy with perhaps only eight to 11 more fall session days left in his Speakership, O’Brien has a lot of reasons to brandish his famous wide Irish smile.
Four Corners of Pennsylvania Regional news you can use
General Interest
This is what we ran in the last issue and look how it has panned out:
There’s another reason that state lawmakers may want to expedite the state budget. Rumor has it that shortly after the governor’s budget signing, state Attorney General Tom Corbett will steal the spotlight with announcements about the findings of his year-long-plus investigation of bonuses paid by the state Legislature. The focus continues to be on the House Democratic caucus where there have been the most media reports about bonuses paid with state tax money for legislative campaign work rather than legitimate state business. Of particular interest will be the fate of former House Democratic Whip Mike Veon, a Beaver County Democrat, who oversaw day-to-day operations of the House Democrats in the 2006 elections when the caucus won a bare one-seat majority to control the chamber. Veon became a lobbyist after his own defeat in that general election but he has since closed up his business and remains in seclusion.
Today’s column features two other high-profile cases: the perjury trial of state Sen. Bob Regola in Westmoreland County and a potential plea by former Erie state Rep. Linda Bebko-Jones to avoid a forgery trial.
Southwestern Pennsylvania
State Sen. Bob Regola, R-Westmoreland, who in 2004 toppled long-time Democratic legislator Allen Kukovich, went on trial in the local court this past week on charges linked to the July 2006 death of a teenage neighbor with the senator’s handgun.
Regola is charged with three counts of perjury, allowing possession of a firearm by his own teenage son, reckless endangerment and false swearing. Louis Farrell, then 14, committed suicide with the senator’s gun because he had access to the house to feed the Regola’s two dogs while they were away in Harrisburg.
Much of the testimony will focus on whether Regola was reckless in having his own son, Bobby, allowed access to the gun and to keep it in his bedroom– a charge that Regola denies. He claims the 9mm handgun was kept under his bed, loaded in an unlocked box.
The testimony is expected to continue this week and into next.
Northwestern Pennsylvania
According to her attorney, David Ridge (who is mentioned elsewhere in this issue because of his famous brother), his client, Linda Bebko-Jones, is scheduled to appear in Dauphin County Court in Harrisburg on Monday, July 14, for a plea hearing.
According to the Erie Times-News, Ridge said talks with state prosecutors to avoid a trial have been moving forward but no final decision has been made by either side. On May 29, Bebko-Jones was formally arraigned on 13 counts, including forgery, tampering with public records and false swearing. So far, the former state rep, who did not seek re-election in 2006, is free on an unsecured bond. The state Attorney General first brought the charges against Bebko-Jones in February. The case is based in Dauphin County because that is where the state Bureau of Elections where the records were filed is located.
Southeastern Pennsylvania
Both presidential candidates are targeting Pennsylvania and to prove it each spent part of their week in the state. Democrat Barrack Obama, ahead in statewide pools but only by single digits, went to the Philadelphia suburb of Wayne at a town hall-style meeting at Radnor Middle School, where he says his tax proposals would be better for the bottom 95 percent of those on the income scale. Republican John McCain, meanwhile, made several stops in the Pittsburgh area early in the week and then headed to Philadelphia and its Constitution Center where he gave his standard stump speech but sprinkled it with an attack on Obama for his remarks in the spring about some Pennsylvanians being “bitter” and “clinging to guns and religion.” McCain said he is going to contest Pennsylvania and promised to be back frequently.
Northeastern Pennsylvania
Here’s ones for the comics page if it weren’t so sad. Former U.S. Rep. Joe McDade, once one of the most powerful men in Congress, was declared unfit to stand trial on charges of indecent public exposure for allegedly masturbating in front of two women on Sanibel Island. He had followed the two women from an outdoor shower at a Holiday Inn.
McDade’s attorney, Tim Murty, said the former congressman suffers from Parkinson’s Disease, and has no memory of the incident. Murty had requested a medical evaluation which found McDade to be incompetent to stand trial and the state Attorney General’s office agreed with the report. But McDade’s troubles are not over. There will be another hearing on Nov. 29 to evaluate his fitness at that time. McDade spent 36 years in congress building seniority as a Republican and became a lobbyist after his career ended in 1999. He now resides in Virginia. He faces a $1,000 fine and up to a year in jail if convicted on the indecent exposure charges.
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