Posts Tagged → constitution
Garden as metaphor, Part 3…or 4
Can anyone think of a better metaphor for life as a human than a garden?
All the planning, selecting, planting, nurturing, stoking, prodding, coaxing, frustration, re-planting, and finally, after all the work and with some luck, the harvesting of fresh food…this is all just like the bigger things in our lives.
Lately it has been difficult to ignore some generational changes afoot that simply cannot bode well for our nation, now or in the future.
Where debate historically involved logic, facts, and reasoning, a great deal of what is represented as debate is simple ridicule, mockery, dismissiveness.
Few things demonstrate the weakness of an argument more than the use of ridicule and mockery, or name-calling. Yet the Internet is full of this waste of time. Because of my own passion for and involvement in tough policy issues, I am really interested to hear separate points of view from people, and spirited debate, give-and-take, is part of that process. This process is what makes Western Civilization so unique and so precious.
Dismissiveness assumes all will be well, no matter what, irrespective of actions or behaviors across the landscape.
In my observation, the younger generations are much more inclined to forgo logic and facts, and are more inclined to leap into name calling and ridicule in their online debates. This just cannot bode well for American democracy, which is based on the use of logic, reason, and facts. How our citizens expect to hold on to their Constitutional rights and liberties, and yet allow debate to be dominated by juvenile behavior is not wild speculation. Already we have witnessed the erosion of individual liberties at the hands of judges who don’t care what the US Constitution says, or what their particular state constitution says; their basis for decisions making is purely personal, or political.
So go grow a garden, fellow citizens. Tending even a small garden helps us work physical and mental muscles that atrophy easily. It builds small but important personal traits that are needed on a much bigger scale. Tending, cultivating, and nurturing all build basic skills necessary for us to function well as individuals and for our civilization to succeed on the whole.
The alternative – relying on everyone else for everything else we need, and ridiculing the rest – is a recipe for disaster.
Exercise the power of the People to impeach and remove bad judges
Both the United States Constitution and the Pennsylvania Constitution make plain that American and Pennsylvania state governments derive their power from the People.
But my, oh my, have we not seen a tremendous erosion of privacy and basic individual rights and liberties over the years as government power to regulate and surveil expands. Much of this starts with local law enforcement.
Over and over again we read with amazement how some official government regulatory or law enforcement arm commits another over-reach deep into some poor citizen’s life. And then with even greater amazement we read how some judge, especially federal judges, uphold what would appear on its face to violate the US Constitution’s Fourth Amendment. Here are some headlines:
“Ohio Court upholds police forced entry into private home over failure to signal at traffic light…”
“New Jersey Federal Court Upholds The FTC’s Authority To Regulate Data Security”
“Judge Upholds Police ‘Code of Silence’ Ruling…U.S. District Judge Amy St. Eve decided Thursday decided not to toss out part of a jury’s decision that found Chicago police operated under a “code of silence,” according to the Chicago Tribune.
Last month, a jury found the police department obstructed the investigation into the beating death of bartender Karolina Obrycka at the hands of off-duty police officer Anthony Abbate in 2007.
U.S. District Judge Amy St. Eve decided Thursday decided not to toss out part of a jury’s decision that found Chicago police operated under a “code of silence,” according to the Chicago Tribune.”
“Police can forcibly take DNA samples during arrests, judge rules”
“Federal Judge Upholds Warrantless Hidden Surveillance Cameras On Private Property”
“Court upholds dismissal of ticket quota lawsuit”
“Utah Cops Arrest Teen for Recording, Judge then Orders Teen to Admit Guilt before Trial”
“Law-Breaking Judges Took Cases That Could Make Them Even Richer
Federal judges aren’t supposed to hear cases in which they have a financial stake. Dozens do it anyway.”
And the granddaddy of them all, a truly unbelievable case in which a federal judge recently decided the police can simply take over your home and eat your food without any reason whatsoever:
“The Nevada case of Mitchell v. City of Henderson still slogs through the Nevada Federal District Court. This case has one unusual feature. It accuses police in two cities of quartering themselves in two private houses without the consent of their owners. This would breach the Third Amendment to the U.S. Constitution, which deals with quartering of soldiers. The defendant city officials say police officers are not soldiers. But the Mitchells actually have a thirty-two-year-old precedent on their side. That case says one need not be an active-duty U.S. armed service member to be a “soldier” under the Constitution………………….the police in Henderson wanted to “stake out” the Mitchells’ neighbor. They forced the Mitchells (and Anthony Mitchell’s parents) out of their homes, moved in for the time of their stakeout, and helped themselves to whatever was in their refrigerators and pantries. They even arrested Anthony and Michael for obstructing the police. Those charges could not possibly stick, so the city dropped them. But the Mitchells are still suing, on every ground they could possibly cite.
The Third Amendment portion of the Mitchell complaint has been dismissed as of February 2015. The judge held that police officers are not soldiers for the purposes of the Third Amendment; he also expressed doubt that occupying the property for less than 24 hours would constitute ‘quartering’, although he did not specifically rule on that aspect.”
And so on. You can do your own Internet search on this subject and read the stories behind these headlines and many more. The purpose here is to call attention to the problem of judges who clearly allow unconstitutional government behavior to proceed.
And what is to be done with US Supreme Court justices who lie under oath in their nomination and confirmation hearings, in order to be confirmed, and then begin ruling exactly the opposite of what they testified to in the US Senate?
In all these instances, the People – us, the voters, taxpayers, and citizens of America – should take the necessary steps to legally remove these failed public servants from their benches. These are no longer judges in the essential sense of the term, and they certainly no longer look out for the basic rights and liberties of the People.
So they must be impeached or recalled.
On Being a Dinosaur
I am a dinosaur.
In so many ways, my beliefs, ideals, values, education, outlook, hobbies, lifestyle, and behavior seem as outdated and as uncommon as the dinosaurs that died out long ago.
Put another way, I am one of the Last of the Mohicans, certainly not THE last, but one of a dwindling group that sees the world differently than the corrosive pop culture fed daily to Americans by Hollywood.
And I am proud to be this way, to be a patriot, to exalt individual citizen rights and liberties above government intervention, to take risks and make sacrifices in a free market capitalist society that rewards hard work and penalizes laziness. American Sniper, Act of Valor, and Lone Survivor are the only movies that moved me in many years because I believe in military heroes, although the Lord of the Rings productions are highly entertaining.
Meanwhile, pop culture would have every American equally unhappy, equally deprived of their rights and liberties, equally planted on a couch eating junk food and watching mindless TV shows that are at war with the underpinnings of Western Civilization.
(A short, hard-hitting article about Hollywood’s destructiveness by one of its most famous writers is here.)
And I am also an old-fashioned “Hook-and-Bullet” conservationist, a hunter, life-long gun owner and fisherman, an NRA member and even more so, a FOAC member who means it when I say “You can have my guns when you pry them from my cold, dead hands.”
But did I mention that conservation is a huge part of my identity? You know, farmland preservation, wildlife habitat protection, forest land acquisition for public ownership, and wilderness areas where I can hunt, fish, camp, and hike without seeing or hearing another human being for as long as I am out there.
And why is it so hard for so many traditionalists to see that traditional American values are directly tied to, and derive from, rural landscapes? And that our remaining rural landscapes are precious fragments of the great American frontier, on which our national identity and Constitution were forged?
So why wouldn’t a conservative want to conserve those rural landscapes that gave birth to his identity and values, that enshrine Constitutional rights and self-reliance?
For some strange reason, an increasing number of gun owners are not hunters, and do not really show that they care about wildlife populations or wildlife habitat, or about land and water conservation. When I attend meetings at different sportsmen’s clubs, like Duncannon Sportsmen, and I hear the Conservationist’s Pledge, my heart wells up and I nearly get as teary-eyed as when I hear the national anthem, or the Pledge of Allegiance. It doesn’t help that most of us in the room are sporting lots of white in our beards and on our heads. The next generation seems to have taken a lot for granted, because all of the battles we fought decades ago bore such abundant fruit.
All this makes me a dinosaur, and although I recognize it, I am not happy about it. I feel like I am watching the greatest nation on Planet Earth disintegrate under my feet, and it scares me, makes me sad, and makes me want to do what I can to try to prevent it from happening.
I do not want traditional American values to go extinct, like the dinosaurs, because although those values may not be in vogue right now, America was founded on them and the nation cannot successfully continue on without them.
Tests of America’s endurance; we shall overcome
Barack Hussein Obama declared a law singlehandedly last night.
Not that it’s legal or constitutional for any president to impose so much change on American citizens by himself.
American checks and balances of power between the three branches of government require debate and approvals across the board to achieve law or the effects of law.
But we have just witnessed our first rogue, imperial president, whose disgust with everything about America means he has no time or respect for its laws, history, and Constitution.
Obama’s unilateral “amnesty” for millions of illegal aliens is a test of our nation’s endurance, just as we have experienced in the past. Say, the Civil War…….
We have overcome all of those tests and we shall overcome this test, too.
America’s dalliance with this false messiah Obama has resulted in an unprecedented assault on individual rights. Using the IRS and other federal agencies to aggressively “investigate” opponents of the Obama Administration has opened the flood gates among the citizens. Sure, a bunch of innocent citizens will go to jail to satisfy this one man’s hunger for power, but the citizenry increasingly takes notice.
Yes, Obama is making an effort to take over the internet, and thereby suppress citizen dissent in that space. He may very well try another unilateral “executive action” that assumes the bureaucracy will go along with him.
“Tyrants beware!” was a common motto among our founding citizenry. That tyrant, King George, also was arrogant and also believed that the iron fist of armed government coercion would put down the rebellion.
This tyrant, Obama, is well down that old path. What disturbs me is that so many Americans would rather see our democracy fail, or be sorely tested, than to be honest about Obama’s failure. What does that say about our neighbors and friends, upon whom we rely for so much and yet who would see the nation descend into chaos and rebellion.
Answers are tough to come by on this stuff. The questions alone are terrifying.
I love America. That is why I fight for her
I don’t doubt that the people on the left “love” America.
What I also know is true is that their definition of “love” of America is 100% the opposite of mine.
My love of country is frequently called “jingoistic” in online debates, a term once used by America’s arch-foe, the Soviet Union, and their treasonous allies planted on American soil.
The left’s “love” for America is for its rich opportunity to be turned into a fantasy utopia, the likes of which Marxists have been pursuing one way or another for over 100 years.
Leftists would take all of our material success until now, and convert it into state-controlled property, to be doled out sparingly to everyone equally. That policy failed awfully in the Soviet Union, but as someone once close to me used to say, “Communism failed only because the Soviets did not implement it correctly. It is otherwise a great thing and still ought to be pursued.”
The Soviets failed, and the Berlin Wall fell (25 years ago), because a tidal wave of individual hope for freedom and liberty continually corroded state power; eventually, the system just leaked throughout its faulty pipes.
The left would ignore all that and return us to those dark days. Oh sure, they don’t say the days will be dark. Neither did the Soviets, and neither do the Chinese or the North Koreans – they all say things are just rosy.
I love the America that was founded in 1776 and 1787 and 1794 and 1812 and 1867 and 1922 and 1948 and 1954 and 1964 and…….Yes, America as it was founded had the tools built into it to overcome the many challenges the young nation inherited (slavery and abolition) and later worked through (women’s suffrage, Negro voting rights, etc.).
America is not perfect – what nation is? – but America is perfectly designed and built to successfully process all challenges.
The challenge we face now is the same we faced when the Soviets had their agents working to damage us on the home front. We face domestic political opponents who really do not believe in the America as it was founded. They do not really love America, as it was created. They are like little Benedict Arnolds, riding through the countryside at night, doing their utmost to un-do all the goodness.
I and tens of millions like me, however, we do love America as it was founded and as it has progressed since its founding. And we will not sit idly by as our great nation is “transformed” into something unrecognizable. Our fight is as much with liberals in the Democratic Party as it is with liberals in the Republican Party, and there are plenty there, too.
Speaking of the traitor Benedict Arnold, he was caught by two ragamuffin Patriot soldiers, more militiamen than regulars, and he offered them huge sums of money if they would but let him go to his British handlers waiting for him not far away. Our two boys were destitute of money, but not of spirit, and in their ragged clothing they held him at the end of their loaded barrels and marched him back to patriot lines.
Today, people like me, no matter how much money is thrown at us, for or against us in supportive politics or opposition politics, we are going to keep on fighting to bring back the America we once knew – The America that offers full and equal prosperity to all who are willing to work hard and contribute to a society bound by Constitutional obligations and opportunities, and nothing more, or less.
PA Senator Mike Folmer on our pension crisis
Pennsylvania’s Pension Crises
by Mike Folmer, PA State Senator
August 21, 2014
President Kennedy said: “There are risks and costs to action. But they are far less than the long range risks of comfortable inaction.”
Pennsylvania’s failure to address its public pension problems recently resulted in another downgrade of its bond rating: from Aa2 to Aa3. According to the rating agency Moody’s, “. . . the expectation that large and growing pension liabilities coupled with modest economic growth will limit Pennsylvania’s ability to regain structural balance in the near term.”
Consider where Pennsylvania’s Public School Employees’ Retirement System (PSERS) was prior to 2001 changes enhancing benefits: $9.5 Billion surplus and a 123.8% funded ratio (100% is an appropriate ratio). Using the most recent actuarial valuations, the funded ratio for the State Employees’ Retirement System (SERS) and PSERS (using an optimistic 7.5% annual asset return assumption) was 59.2% and 63.8% respectively. Further declines are expected.
Pennsylvania’s private sector has predictable and affordable pension costs while providing employees with competitive retirement benefit packages. Over 70% of these firms have defined contribution plans for new hires with average employer costs ranging from 4% to 7% of payroll. (All private sector defined benefit plans must eliminate any deficits over time – often as short as seven years).
Ignoring such facts has resulted in unsustainable plans in states from New Jersey to California. Cities like Chicago and Detroit face bankruptcy because of public pension costs.
Courts have said public pension benefits once earned are protected by Pennsylvania’s Constitution: Article I, Section 17, “Impairment of Contracts.”
I’m not part of the legislative pension system as I believe Article II, Section 8 of Pennsylvania’s Constitution doesn’t provide for elected officials’ pensions: “The members of the General Assembly shall receive such salary and mileage for regular and special sessions as shall be fixed by law, and no other compensation whatever, whether for service upon committee or otherwise.”
This same provision is why I also return my legislative cost of living adjustment: “No member of either House shall during the term for which he may have been elected, receive any increase of salary, or mileage, under any law passed during such term.”
Nonetheless, I’m regularly asked why Pennsylvania underfunds its public pension plans. Taxpayers fear proper funding policies will result in districts increasing property taxes to pay pension contributions. Schools say the alternative is cutting programs or increasing class sizes.
Failure to contribute at least the actuarially recommended contribution transfers ever-mounting debt to future generations. The combined liabilities of SERS and the PSERS are over $50 Billion – and growing. These costs are the fastest growing state budget line item.
Separate from proper plan funding are new GASB (Government Accounting Standards Board) accounting and reporting standards to assess current and future pension obligations. Unfunded liabilities will now be reflected on school districts’ balance sheets and the underfunding issue will be further highlighted. Increasing numbers of municipal and school audits will be flagged due to GASB 67 (“Financial Reporting for Pension Plans”) and GASB 68 (“Accounting and Financial Reporting for Pensions”) standards.
In 2009, legislation (which I opposed) was enacted attempting to address Philadelphia’s public pension problems: a temporary 1% Sales and Use Tax increase. This “temporary” tax was subsequently extended. Purchases in Philadelphia include an 8% Sales Tax. However, Philadelphia’s pension liabilities have continued to grow. Like Pennsylvania’s infamous “temporary” 1936 Johnstown Flood Tax, this tax continues to exist and continues to grow. Ironically, Philadelphia is being flooded with pension liabilities.
In 2010, another law was passed to address Pennsylvania’s pension issues. Act 120 made some benefit changes for new employees, including: raising the vesting period to 10 years from five, reducing the multiplier to calculate retirement benefits (to 2.0% from 2.5%), increasing the retirement age for new employees to age 65, eliminating lump sum payouts of employees’ contributions and interest upon retirement, and limiting maximum retirement benefits to 100% of final actual salary.
But, Act 120 also continued the practice of underfunding, which further deferred state and local pension contributions to future years through “collars:” below recommended actuarial levels, which reduce public pension funding by about $1 Billion to $2 Billion annually. Such sustained underfunding has resulted in numerous credit downgrades. This is why I also opposed this measure.
Supporters of the status quo urge the General Assembly to allow Act 120 “time to work.” However, since passage of Act 120, pension liabilities have grown to $50 Billion from $41 Billion; the original assumptions of Act 120 have shown Act 120 has failed to attain its goals.
This $50 Billion deficit is growing by over $10 Million a day – over $3 Billion a year. Meanwhile, the Commonwealth, municipalities, and schools are allowed by law to underfund these plans by about $1 Billion to $2 Billion a year. Every 0.5% reduction in SERS and PSERS assumed investment returns adds approximately $7 Billion to their combined unfunded liabilities. If PSERS would compute its unfunded liability using market value of assets, this change alone would immediately add about $8 Billion to the deficit.
Failure to both properly fund these plans or move new hires to a defined contribution plan will only make matters worse (the claims of unaffordable transition costs are vastly overstated). Taxpayers should fear higher taxes to continue to fund public pensions. Public employees should fear their continued solvency.
There is a cost for inaction.
Fifty years of designated wilderness
Two weeks ago marked the fiftieth anniversary of the signing of the Wilderness Act.
It applies to federal designation of remote areas, not to states. States can create their own wild areas, and some do. States closest to human populations and land development seem to also be most assertive about setting aside large areas for people and animals to enjoy.
I enjoy wilderness a lot. Hunting, camping, hiking, fishing, and exploring are all activities I do in designated wilderness.
Every year I hunt Upstate New York’s Adirondack Mountains, in a large designated wilderness area. Pitching a tent miles in from the trail head, the only person I see is a hunting partner. Serenity like that is tough to find unless you already live in northern Vermont, Maine, Montana, Idaho, Wyoming or Alaska. It’s a valuable thing, that tranquility.
This summer my young son sat in my lap late at night, watching shooting stars against an already unbelievably starry sky. Loons cried out all around us. A gentle breeze rustled the leaves on the birch trees above us and caused the lake to lap against our rocky shore.
Only by driving a long way north, and then canoeing on a designated wilderness lake, and camping on a designated wilderness island in that lake, were we able to find such peace and quiet. No one else was anywhere around us. We were totally alone, with our camp fires, firewood chores, fishing rods, and deep sleeps in the cold tent.
These are memories likely to make my son smile even as he ages and grapples with responsibilities and challenges of adulthood. We couldn’t do it without wilderness.
Wilderness is a touchstone for a frontier nation like America. Wilderness equals freedom of movement, freedom of action. The same sort of freedoms that instigated insurrection against the British monarchy. American frontiersmen became accustomed to individual liberty unlike anything seen in Western Civilization. They enshrined those liberties in our Constitution.
Sure, there are some frustrations associated with managing wilderness.
Out West, wilderness designation has become a politicized fight over access to valuable minerals under the ground. Access usually involves roads, and roads are the antithesis of a wild experience.
Given the large amount of publicly owned land in the West, I cannot help but wonder if there isn’t some bartering that could go on to resolve these fights. Take multiple use public land and designate it as wilderness, so other areas can responsibly yield their valuable minerals. Plenty of present day public land was once heavily logged, farmed, ranched, and mined, but those scars are long gone.
You can hike all day in a Gold Mine Creek basin and find one tiny miner’s shack from 1902. All other signs have washed away, been covered up by new layers of soil, etc. So there is precedent for taking once-used land and letting it heal to the point where we visitors would swear it is pristine.
Out East, where we have large hardwood forests, occasionally, huge valuable timber falls over in wilderness areas, and the financially hard-pressed locals could surely use the income from retrieving, milling, and selling lumber from those trees. But wilderness rules usually require such behemoths to stay where they lay, symbols of an old forest rarely seen anywhere today. They can be seen as profligate waste, I understand that. I also understand that some now-rare salamanders might only make their homes under these rotting giant logs, and nowhere else.
Seeing the yellow-on-black body of the salamander makes me think of the starry night sky filled with shooting stars. A rare thing of beauty in a world full of bustle, noise, voices, and concrete. For me, I’ll take the salamander.
Some Westerners still adore Imperialism despite their protestations
If there is one hotbed of kooky political extremism in Western Civilization, it’s England.
As it was in the 1920s and 1930s, England is full of self-proclaimed “peace” activists and anti-imperialism yellers and screamers.
Their weak righteousness brought on World War II, and paved the way for massive treasonous infiltration of English government at all levels.
Many Soviet Russian spies were warmly welcomed by these activists to set up shop and undermine the individual rights and liberties that mark the strongest European democracy.
Anti-British sentiment ran and still runs quite deep in Wales, Ireland, Scotland, the Falklands, and many other far-flung places unassociated with England proper.
Yet where were those activists then, when those nations next to England yearned for their own self-determination? Sure, the activists accused everyone else (America, Israel, the actual anchors of Western freedom and tolerance) of vicious imperialism, but they themselves loved the unfair, artificial, imperialistic, forced notion of a UK. Scotland, Ireland, Wales were independent places with unique languages, cultures, and religions. They were hardly “united” with England by choice.
The Falklands? WTH?!
Why now that Scottish citizens are finally waking up to their own freedom are the British trade unions, left wing activists, and self-appointed bosses of equality silent on Scotland’s chance for true opportunity?
I’m not Scottish, Welsh, nor Irish, I am an American, but I do know that my country fought British imperialism many times, and that Americans greatly benefited from their Constitutional republic’s individual liberties.
It is time for Britons to act in a consistent, civilized way, and set aside their imperial self-interests.
As a former Scottish freedom fighter once said on film, FREEDOM!
Perry County Ground Zero, Round II
Perry County Ground Zero, Round II
By Josh First
Perry County, Pennsylvania, may be a deeply rural and tranquil place with just two traffic lights, but it is Ground Zero for the latest battle over your Constitutional gun rights.
The results of this battle have enormous implications for all Pennsylvanians, irrespective of where they live, because any legal holding will eventually apply not just to one county, but all counties and all citizens.
Unquestionably acting on political goals, the three county auditors recently sued the county sheriff, Carl Nace, demanding that he provide the names and addresses of concealed carry permit applicants his office processes. Nace refused, citing state law which seems crystal clear on the subject.
Much has been written here and elsewhere about this lawsuit and its genesis, so I will not re-trace those steps, but it is valuable to report back on where things stand as of yesterday.
Yesterday a hearing was held in New Bloomfield, Perry County’s seat of local government, on the auditors’ lawsuit against Nace. The hearing was intended to give both parties an opportunity to argue their case before a judge. The three county auditors are the plaintiff, and Sheriff Nace is the defendant.
I sat literally front and center in the court room, accompanied by Carl Fox and Jim Lucas, among many other wonderful citizens, activists, and concerned citizens. Carl Fox is president of the Duncannon Sportsman’s Association, and Jim Lucas is an engineer and well known political activist. Both Carl and Jim are involved in supporting Sheriff Nace and determining the background to the lawsuit. Both men believe the lawsuit has political purposes and goals, and is not some innocent procedural cause in the interest of perfect auditing everywhere.
Attorney Joshua Prince represented Nace, and attorney Craig Staudenmaier represented the three county auditors. The auditors were not present, either at the court house, nor at the hearing. Nace sat with his attorney in the court room.
Judge George Zanic sat directly in front of me with a clear line of sight between us, and I hope he wasn’t put off by my large prescription sunglasses, which I wear to keep summertime migraine headaches at bay, even inside. With my new, white, grizzled beard, wrap-around sunglasses, and unkempt end-of-summer hair, several people I already know approached me to learn who I was. One asked me if I was there for “the opposition,” and then laughed out loud when he realized who I was. That beard is coming off today! And yes, this is an indication that I am having a hard time letting go of the fantastic, if exhausting, summer I spent with my wife, kids, and friends.
Judge Zanic boiled down the entire argument to two points, one in each set of motions filed by each party. Zanic appeared most curious and skeptical about attorney Craig Staudenmaier’s assertions and claims about the need for the information, and the deficiency he says the county audit suffers from without the applicants’ names and addresses. More questions were asked of Staudenmaier than of Prince, and those questions for Staudenmaier were more pointed than those posed by the judge to Prince.
The judge was clearly having trouble understanding the plaintiff’s demand, or the need for the demand in the first place.
Citing general auditing standards, Judge Zanic referred to his own experience as a professional and as a former district attorney. Zanic disagreed with Staudenmaier about what information is necessary for any audit, let alone a county audit that was successfully completed by another firm when the auditors failed to do their own.
Prince did an excellent job in all respects, demonstrating a clear and quick knowledge of the governing statute, related laws, and the facts. Prince was articulate, clearly well prepared, and he stayed with Nace after the judge departed; both men answered questions from citizens and reporters.
Staudenmaier was often halting in his explanations, seemingly confused at times, and he argued in circles, often failing to directly answer the judge’s pointed questions. Some of his answers were rudimentary and elicited grumpy mutters from the audience. As soon as the judge left, Staudenmaier shot out of his seat, grabbed his papers, and fled out the back of the court house, through a hallway and door off limits to the audience. He took no questions from anyone in the court room, nor from anyone outside the court house.
Channels 43 and 27 were there, as was the Patriot News. Kudos to reporter Dennis Owens for pointing out that the auditors were not present at their own hearing, which is unnecessarily costing the county taxpayers a lot of money. Their absence raises questions about just how seriously they take all this mess they have created.
Uniformed sheriffs and deputies from at least 15 counties were in attendance, in support of Sheriff Nace.
The court room was about 85% full.
“I hope to have a decision for you very soon,” said Judge Zanic.
Here is my take-away:
1) A person can draw their own conclusions about the quality or necessity of elected officials who take taxpayer money, who initiate unnecessary and expensive litigation, and who then do not show up in public or even at their own hearing. You cannot kick the hornet’s nest without getting stung, and then complain about it, but that is what these three auditors are doing. What they have said, and what their spokesman attorney Craig Staudenmaier has said, is that these three feel unhappy about the negative reactions their citizens have had over this lawsuit. Some counties do not have auditors, and it seems that the three in Perry County have proven they are either unfit or not needed. Perry County should either eliminate the office of county auditor, or vote these three out of office.
2) Perry County should do everything it can to determine who is behind the auditors’ lawsuit, including determining who paid Staudenmaier. This should be done to determine what political forces are in play (CeaseFirePA? Bloomberg? Soros? The Democratic Party of Pennsylvania? A local elected official?), and why they are present, and also let’s see if the people who started this expensive mess can then be held accountable and pay for it out of their own pockets.
3) Perry County should prepare to recover any costs or legal fees associated with this lawsuit, whether from the three auditors or from someone else who may be accountable. I think that Joshua Prince is representing Sheriff Nace for free, but no one should have to spend time defending someone from a frivolous lawsuit at their sole expense.