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WONDER WHY?: Record Cancels FIRST RESPONDER HEROES BANQUET, Honoring Two Michelle O'Connell Homicide Case Heroes

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Back in August, I nominated the two heroes of the September 2, 2010 Michelle O'Connell homicide in the home of Deputy Jeremy Bans -- former St. Johns County Sheriff's Deputy Debra Maynard and FDLE Special Agent Rusty Ray Rodgers -- for First Responder Hero awards.

The awards were due to be presented at an October 2019 banquet planned by the St. Augustine Record and GateHouse, its corporate owner, at the Embassy Suites Hotel in St. Augustine Beach.

In further developments:

  • Both the Rusty Rodgers and Debra Maynard nominations were accepted and approved on the morning of Monday, August 26, 2019.
  • Both nominees Rusty Rodgers and Debra Maynard were due to receive certificates, and possibly more, at the banquet.
  • Within two hours, I received an off-the-wall one-sentence August 26, 2019 pejorative hate e-mail purporting to be from our St. Johns County Sheriff DAVID SHOAR, who legally changed his name from "HOAR" in 1994.  [It was what Washington Post Managing Editor Benjamin Crowninshield Bradlee would have termed a "non-denial denial" in response to my request for a forensic investigation of the St. Johns County Sheriff Office in the wake of $702,771 embezzlement by SHOAR's Finance Director, RAYE BRUTNELL.
  • The nominations deadline was extended several times, the last time until 11:59 pm on October 13. 
  • The First Responder Heroes banquet was rescheduled for December. 
  • Record print advertising of the event ceased.
  • Now the First Responder Heroes banquet is cancelled, announced on Facebook.
  • No reason was given.
  • Did Sheriff SHOAR boycott the banquet, refusing to buy tickets?
  • Sorehead SHOAR uses a 501c3, the "FOUR STAR ASSOCIATION, INC." to pay for other banquets in honor of local law enforcement.
  • Did SHOAR pull the plug on this banquet in retaliation for two honorees>


Here are the nominations that were approved and accepted:


Thursday, August 22, 2019


Michelle O'Connell Murder Case Hero: Deputy Debra Maynard Nominated for GateHouse newspapers' First Responder Hero Award



I just nominated Deputy Debra Maynard for a GateHouse newspapers First Responder Hero Award, stating in haec verba:

St. Johns County Deputy Debra Maynard responded to the September 2, 2010 shooting death of Ms. Michelle O'Connell in the home of St. Johns County Sheriff's Deputy Jeremy Banks at his home at 4700 Sherlock Place in rural St. Johns County.   Deputy Maynard helped investigate and described the prime subject's observed behavior in a murder investigation conducted by Florida Department of Law Enforcement Special Agent Rusty Ray Rodgers.  Then Deputy Maynard was retaliated against by Sheriff David Shoar.  She lost her job. Yet Deputy Maynard survived Sheriff Shoar's retaliatory attempt to revoke her FCJSTC credentials.  Deputy Debra Maynard told the truth to The New York Times, PBS Frontline, et al.  Deputy Maynard is an example for all law enforcement officers of the need for courage.  Deputy Maynard honored her oath. Deputy Maynard exemplifies the values of honor, courage and sacrifice of the First Responder Hero award.


Florida officials remain mum on election security breaches. (AP)

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Florida officials remain mum on election security breaches. (AP)By BOBBY CAINA CALVAN
November 1, 2019

TALLAHASSEE, Fla. (AP) — Florida officials vowed transparency in securing next year’s elections but are continuing to shed little light on how Russian hackers infiltrated systems in at least two Florida counties .

During a news conference in Tallahassee on Friday with state and federal officials, Florida Secretary of State Laurel Lee again hoped to reassure Floridians of the integrity of the state’s voting systems.

The state launched — and completed — a review of its elections systems, she said, and poured millions of dollars into beefing up elections security leading into next year’s nationally crucial elections.

“We now have additional information, more thorough information and are prepared to bolster and support that infrastructure in any way that is necessary in advance of 2020,” she said.

However, lingering questions about Russian hacking during the 2016 election cycle continue to cloud those efforts.

Ever since special counsel Robert Mueller’s report mentioned that a server of at least one Florida county had been breached, questions have persisted about how the breaches occurred and which counties were infiltrated.

Subsequent reports, later confirmed by Florida Gov. Ron DeSantis, indicate that hackers broke into voting systems in at least two Florida counties.

Lee and other officials have declined to identify those counties, as she did again Friday. Lee says precaution is being taken to protect against further vulnerabilities.

Federal investigators have ordered elected officials who’ve been briefed on the breaches not to publicly identify the counties.

Although the state’s review of statewide election systems have been completed, Lee said, her ability to share details may be limited.

“It is important to remember that specific information about defensive measures or cyberthreat indicators cannot be shared publicly, as that would weaken our security posture,” Lee said. “That is the type of information our adversaries could in fact use to attack our infrastructure.”

U.S. Attorney Lawrence Keefe, whose jurisdiction covers northern Florida, convened the news conference, allowing officials from various federal, state and local agencies to describe their role in the elections-security effort.

“Over the next 12 months leading up to the 2020 election, we will be working relentlessly together so the people of Florida can have faith that their votes will count,” Keefe said.

Keefe and other officials declined to answer questions at the news conference, leaving that task to Lee.

GUEST EDITORIAL | Matt Gaetz is embarrassing his district and our state. (SAR/Palm Beach Post)

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MATTHEW LOUIS GAETZ, II did what he did in the SCIF at the direct instructions of President DONALD JOHN TRUMP. This is a dangerous demagogue, elected from what is arguably Florida's most redneck, racist, rabid peckerwood Congressional District, the 1st Congressional District in the Florida Panhandle, otherwise known as Lower Alabama. Read more on this despicable character in the Mother Jones profile here.




Opinion
GUEST EDITORIAL | Matt Gaetz is embarrassing his district and our state
Posted Oct 29, 2019 at 2:57 PM
St. Augustine Record

Florida Congressman Matt Gaetz and his band of delusional Republican House members deserve discipline for their juvenile stunt of crashing Congress’ secure meeting room to disrupt the impeachment inquiry on Wednesday.

This editorial recently appeared in The Palm Beach Post:

Florida Congressman Matt Gaetz and his band of delusional Republican House members deserve discipline for their juvenile stunt of crashing Congress’ secure meeting room to disrupt the impeachment inquiry on Wednesday.

There is nothing improper about these hearings, no matter how much Republicans bray about “Soviet-style” proceedings. The impeachment inquiry is taking depositions much as a grand jury does, or as special prosecutors did before the impeachments of Richard Nixon and Bill Clinton; in private so as to keep witnesses from collaborating.

More than 45 Republicans are on the three committees holding the hearings, and there’s no reason to think that they or their staff lawyers aren’t asking tough questions behind those doors. If the testimony were somehow weakening the case that President Donald Trump was abusing his power in his dealings with Ukraine, we’d surely be hearing about it.

But as we’re learning from disclosures, each diplomat who comes forward is making clearer that Trump indeed withheld almost $400 million in desperately needed military aid to a vulnerable ally; in exchange, he wanted Ukraine’s public acknowledgment that they were investigating discredited suspicions of corruption against former Vice President Joe Biden and his son Hunter, and a baseless theory that Ukraine and not Russia was the computer-hacking culprit subverting our 2016 elections.

No other U.S. president has ever before usurped foreign policy for his personal political gain as is being alleged here. The evidence is mounting of a political scandal of monumentally historic proportions.

Trump’s defenders are having an ever more difficult time arguing the facts. So they are throwing up distractions about the process.

Gaetz, the Pensacola-area Republican who literally seems to think that a kangaroo court is something run by Captain Kangaroo, is leading the most inane contingent and making the most primitive of moves: physically crashing the proceedings.

Wednesday’s scene of guys in suits going all torch-and-pitchfork in the halls of Congress were disturbingly similar to the “Brooks Brothers riot” of 2000, when a swarm of paid GOP operatives, posing as outraged members of the public, rushed the doors of the Miami-Dade County Supervisor of Elections Office so loudly and violently that within hours the presidential ballot recount was halted.


On Wednesday, the best that Gaetz & Co. managed was to delay testimony by five hours.

Gaetz is a real piece of work. Since landing in Congress in 2017, his main preoccupation has been appearing on Fox News as often as possible (more than 70 times to date) to extol Donald Trump and rail against his critics. In February, on Twitter, he threatened to release damaging information about former Trump lawyer Michael Cohen because Cohen was testifying to Congress against the president, a threat which caused the Florida Bar to investigate (Gaetz apologized).

And you might remember when Gaetz tried to get two parents of Parkland shooting victims ejected from a House hearing on gun control. The parents had objected when Gaetz claimed that “illegal aliens” are a bigger threat than firearms and that a wall on the U.S.-Mexico border would make the country safer than universal background checks for gun purchases.

Funny, but House Republicans didn’t mind closed hearings when they were endlessly investigating Benghazi and the target was Hillary Clinton.

In fact, as Judge Andrew Napolitano noted on Fox News Thursday, the rules that permit closed hearings at this stage of an inquiry — the initial interviewing of witnesses -- were put in place in 2015 by a Republican majority. The next phase, the actual impeachment hearings conducted by the House Judiciary Committee, will be public.

And for a party so obsessed with the supposed security risks posed by Clinton’s private email server, Gaetz and his gang were awfully cavalier about bringing smartphones into the Sensitive Compartmentalized Information Facility (SCIF). This was a major breach of security protocols — and a potential felony.

To say Gaetz’s that actions are unbecoming of the U.S. House of Representatives and an embarrassment to the Panhandle voters that sent him there would be an understatement.

It is certainly within the boundaries of partisan politics to disagree about the Trump impeachment inquiry, but is out of bounds to lead a screaming gang to disrupt a legal House proceeding.

If he follows through on his threat to do more of the same, the House should vote to censure him.

Will Senate Jump Off a Roof" for DONALD JOHN TRUMP?

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A Tennessee Department of Environmental Conservation air pollution regulatory manager once told his subordinate, a supervisor, that the State of Tennessee owned his "mind" for "7 1/2 hours a day," and that if told by management to "jump off a roof," he must “jump off a roof.”  The supervisor was fired for doing his job, e.g., citing landowners for setting massive tire fires.

Americans' fundamental rights to speak our minds must be zealously protected, not recklessly neglected.  

But President* Donald John Trump treats everyone -- even Generals and Ambassadors -- like hired hands, as if he were King Donald I.  

Exhibit A: Trump firing our Ambassador to Ukraine, based on defamation from Rudolf Giuliani's Russian-American associates. 

Prediction: Trump will be impeached by our House of Representatives.  Trial will be in the Senate, which Gladstone once called "the world's greatest deliberative body." Senators will not "jump off a roof" for a bullying bumptious bribe-paying, bribe-taking billionaire.  Trump could be removed from office, de facto or de jure, whether by vote, resignation or plea bargain (as in the case of President Richard Nixon's vicious Vice President Spiro Agnew, who resigned with no jail time for bribery in 1973).

As a teenager, I watched in awe as Congress investigated President Richard Milhous Nixon. Our system worked.  

As it unfolded, heroic Senate Watergate Committee Chair Samuel James Ervin, Jr. (D-N.C.), said, "I love my country.... I think that Watergate is the greatest tragedy this country has ever suffered. I used to think that the Civil War was our country’s greatest tragedy, but I do remember some redeeming features in the Civil War in that there was some spirit of sacrifice and heroism displayed on both sides. I see no redeeming features in Watergate."

Watergate-conspiracy tapes were ordered released by the Supreme Court.  Nixon resigned rather than be impeached, after he was told by Senator Barry Goldwater, et al, that he had perhaps fifteen Senate votes left. 

Will Trump profit from Nixon's example?  Let us hope so.

115 years ago, U.S. District Judge Charles H. Swayne of St. Augustine, Florida and Wilmington, Delaware, was impeached by the House of Representatives on a party-line vote, accused of:
  • expense account padding;
  • abusing powers as railway bankruptcy-receiver to twice order up -- for his, his family's and friends' use -- a private railway car, porter and accoutrements from the bankrupt Jacksonville, Tampa and Key West Railway (riding in style to Delaware and California);
  • jailing/disbarring two attorneys who requested his recusal (in property case re: land owned by his wife);
  • living outside his district boundaries (changed after his appointment), delaying for nine years moving his residence to Pensacola. 

Would anyone convict Judge Swayne for alleged foot-dragging, hebetude or reluctance to move to Pensacola?  

But who doubts it might constitute a "high crime and misdemeanor" to treat a private railway car as his own, twice, or refusing to recuse himself in his wife's case?

Swayne was acquitted February 27, 1905 by a Republican-controlled Senate (another party-line vote).  

Did the Democratic-controlled House over-try/overstate its case?  What If it brought a concise case, instead of hiding its light under a bushel-basket? (12-count, 3217-word charges, 34-day trial).  Some allegations were perhaps overwrought/overstated, but some were undisputed. Swayne contended some actions were "inadvertent." Swayne remained a federal judge until his death in 1907.

Trump impeachment articles must focus, like a laser-beam, on one word: "bribery" -- one of two specific crimes in our Constitution, Article II, Section 4, before the words "high crimes and misdemeanors." (The other specifically-named impeachment-crime is "treason," defined as "levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort.") 

Does holding up $391,000,000 in Congressionally-appropriated Ukraine military/foreign aid constitute "bribery?"  

Trump abused his office to bribe Ukraine's President.  Why?  Trump abused his office to solicit a bribe from Ukraine's President.  Why?

Corruptly using foreign relations to bolster Trump's re-election campaign.  How many Ukrainian soldiers and civilians died because of Trump's arrogant, illegal, unconstitutional aid holdup? 

Trump lawyer Rudolf William Louis Giuliani's father was an armed robber, serving time in prison for armed robbery of a milkman.  At least Giuliani, Sr. looked his victims in the eye,.  Holdup artists Trump and Giuliani hustled the Ukraine, an Eastern European nation, withholding Congressionally voted military and foreign aid to a nation facing facing Russian aggression.  Without encrypted communications technology purchased by the aid, Ukrainian soldiers faced more  preventable deaths caused by Russian hacking of their radios.

Enough dupery.  Enough Trumpery.  

Nowhere in the 6000 year history of bribery is there such a provable, example of corruption by the President of the United States of America, causing death and destruction.

Senate committee counsel Robert F. Kennedy once said he'd jump off the capitol dome if Teamster leader James Riddle Hoffa was acquitted of bribery.  Hoffa was acquitted in a jury trial and his counsel,Edward Bennett Williams, offered to send RFK a parachute.  Senators voting to acquit Trump can expect no parachutes.  

It's time for Trump to go.  Have faith. Our system will work, once again.  


Ed Slavin, B.S., Foreign Service, Georgetown U., J.D., Memphis State U.,, was founding editor of the Appalachian Observer in Clinton, Tennessee and won declassification of the largest mercury pollution event in world history at Y-12 Nuclear Weapons Plant, Oak Ridge,Tenn.  

DEMOCRACY UNDER SIEGE: The urgency of preserving and protecting voting rights in St. Augustine, Florida

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Some St. Augustine Commissioners, developers, want to divest you of your vested voting rights to vote for Mayor.

St. Augustine burghers demand to rig the rules against citizens. First they wanted to allow nonresident business owners to vote (illegal). Now they want an end to electing Mayors. The Establishment demands to prevent St. Augustine from ever again electing a reformer quite like Nancy Shaver, ending the threat to the livelihood of those who look to government as a cash register, or "an annex to their own affairs," as FDR put it.  

In response, I've asked USDOJ Civil Rights Division to investigate St. Augustine City Commission's October 28 move toward eliminating cherished rights to vote for Mayor, 

Beware "a small group of selfish [people] who would clip the wings of the American eagle in order to feather their own nests." So said Franklin Roosevelt in his "Four Freedoms" speech in 1941. 


In a democracy, one needs damn good reason to wall off voting, or any of our system's "checks and balances." 

"Good fences make good neighbors," as Robert Frost put it:  
"Before I built a wall I'd ask to know
What I was walling in or walling out."


There is NO principled reason for walling out vested rights to vote for St. Augustine Mayor,

As Mayor, Nancy Shaver served as the accessible conscience of our community, presiding at meetings, representing the City, and serving as a "bulwark against oppression," as Justice Wiliam Rehnquist said about jury trials. 

Since the 1980s, St. Augustine voters voted, twice, to elect our Mayors.  There's no need to insult or second-guess voters with a third ballot.  

St. Augustine residents first elected their Mayor in 1812 under the landmark Spanish Constitution.  Voting rights for Mayor were later deleted  and Commissioners rotated as Mayor by vote of Commissioners in the bad 'ole days, when Rev. Dr. Martin Luther King, Jr. called St. Augustine :the most lawless city in America in 1964.   Long trains of abuses by successive City Managers include dumping a landfill in a lake, polluting our saltwater marsh, seeking to develop buildings on top of old garbage dumps, racist annexations diluting minority voting strength; First Amendment violations harassing artists, musicians and journalists -- all dutifully reported for decades in Folio.

Lessons learned: After four (white, male) Commissioners deposed Ramelle Petroglu, the City's first woman mayor, in 1985, residents voted -- twice -- to amend their Charter to protect their right to vote for Mayor.  During 2014-2018, residents thrice elected a reform Mayor Nancy Shaver, who served with honor for 1550 days. She asked questions, demanded answers and expected democracy in St. Augustine.  The New York Times reported in 2017 how she was the object of a "money bomb" from Sheriff David Shoar. 

She had a stroke, resigned and was replaced by former Mayor Tracy Upchurch, ad interim. 

"We get to overthrow our government every two years," as the character "Josh Liman" said on The West Wing.  Who could be against that?   Opponents of reform want "their" town back.  They'd like to residents' constitutional right to vote for Mayor, without ever doing any constitutional law research.  They have two hollow arguments, data-free, solving non-existent problems:

  • "Confusion": some of you are "confused" that we have a "strong Mayor," when we have a "strong City Manager" form of government.
  • Only "team players" will be Mayor, thereby ending "turbulence" (read: "Democracy.")

"Team player" is NO qualification to be Mayor.  A "team player" in government and business parlance means one who willingly keeps wrongdoing secret.  When Pentagon cost analyst A. Ernest Fitzgerald in retaliation for his truthful Congressional testimony -- candid answers about C-5A cargo aircraft cost overruns -- President Richard Milhous Nixon gave tape-recorded orders to fire him, stating he was not a "team player."  Case law is replete with examples of "team players" in coverups of crimes.  We want honest representation, not an oath of omertà.  https://cleanupcityofstaugustine.blogspot.com/2019/10/city-of-st-augustine-establishment.html

I agree with Mayor Upchurch: the elected mayor's position is a check and balance on the City Manager. Commissioner Nancy Sikes-Kline agrees  . 

  • Any "confusion" is de micromis.  Checks and balances on the power of the City Manager are provided by an elected Mayor, our chosen leader. 
  •  There is a long list of cities with strong city manager form of governments AND elected mayors.  

Who wants to "rotate" Commissioners into the Mayor's job, like the old "Queen for a Day" tv show (as in deeply-dysfunctional St. Augustine Beach)?  

  • An eleven-year Commissioner who never ran for Mayor, but wants it on her resume.  Vice Mayor Leanna Sophia Amaru Freeman, local divorce lawyer, had ethics charges dismissed last month in Tallahassee, with NO testimony at a one minute and 16 second Florida Ethics Commission hearing that cleared her of ethics charges of conflict of interest for not recusing herself from voting on a dubious land purchase.   (Freeman bragged on Facebook she would increase neighboring Davis Shores property values, including her own.  Citing dozens of academic articles, de hors the record, the Florida Ethics Commission developed no actual appraisal or testimony, relying on "warm fuzzies" from City officials.  Freeman and the "Gang of Four often blocked Nancy Shaver, even on a bathroom break and a 450th commemoration forensic compliance audit.  Freeman's a close ally of former Mayors LEN WEEKS and JOE. BOLES, who have a long-term no-bid lease on 81 St. George Street City property at 1/5 market rent (Folio, August 2014, http://folioweekly.com/THE-BLOGGER-THE-LEASE-AND-THE-ST-AUGUSTINE-MAYORS-RACE,10719)
  • Steve Cottrell, St. Augustine Record columnist, reclusive former unelected mayor of Nevada City, California (pop. 3068), who's demanded since 2015 we stop electing Mayors here. 
  • Developers and campaign contributors, who support Commissioner JOHN OTHA VALDES, a third generation Florida contractor/ developer who describes himself as a "fixer -- I fix things," https://cleanupcityofstaugustine.blogspot.com/2018/07/the-fixer-john-otha-valdes-makes.html, who moved to St. Augustine from Saudi Arabia after selling his company to Saudi and British partners, who --
  • claimed 100% homestead property tax exemption while renting his garage apartment on AirBnB as "oceanfront" property in Lincolnville. 
  • was fined only $224 by Code Enforcement Board after an illegal demolition after being denied a permit, saying "I can make it fall down.: 
  • testified in support of controversial zoning favors as a candidate.
Commissioners ignored repeated requests to create the City's first-ever Charter Review Commission (recommended by City consultant, Gulf Coast State University Prof. Robert E. Lee, Ph.D., a former city manager who in 2015 recommended one, after Commissioners imported him to lecture them about becoming "team players"). 

No response to my suggestions to allow votes on charter amendments creating an Ombudsman, Inspector General, ethics commission, lobbying disclosures or other improvements that will preserve, protect and enhance liberty.  Why wonder why?

What's next?

Commissioners must hold two (2) public hearings before  putting this turkey on a March 2020 primary ballot. If passed, there would be no more elected Mayors, only rotating figureheads.  

Speak out Tuesday, November 12, 2019 and Monday, December 9, 2019 at 5 pm.  The swing vote is Commissioner Roxanne Horvath, an architect, who initially seconded Mayor Upchurch motion to "table" the idea and to "send it into outer space forever." (She wants more discussion.)





AUTHORITARIAN CENSORSHIP RULES: St. Augustine Beach to Mull "Civility Rules"

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Come speak out at St. Augustine Beach City Hall, 6 pm, Monday November 4, 2019.

The City of St. Augustine Beach must learn at last: Democracy is not a spectator sport.

The First Amendment deserves "breathing space." 

Rev. Dr. Martin Luther King, Jr. called St. Augustine, Florida the "most lawless city in America" in 1964, resulting in the largest mass arrest of rabbis in American history. 

Our First Amendment deserves "breathing space."  NAACP v. Button, 371 U.S. 415, 433 (1963) New York Times. v. Sullivan, 3766 U.S. 254 (1974); Gasparinetti v. Kerr, 568 F.2d 311, 314-17 (3d Cir. 1977)(illegal restrictions on policemen’s First Amendment rights); Philadelphia Newspapers, Inc. v. Hepps, 479 767, 772, 777 (1986)(O’Connor, J.)(newspaper entitled to breathing space in defamation case); Hustler Magazine v. Falwell, 485 U.S. 46, 52, 56 (1988) (Rehnquist, J.) (magazine parody of TV preacher entitled to breathing space); Keefe v. Ganeakos, 418 F.2d 359, 362 (1st Cir. 1969)(Aldrich, C.J.)(chilling effect on First Amendment illegal suspension of teacher over Atlantic Monthly article on Vietnam War); Parducci v. Rutland, 316 F.Supp. 352, 355, 357 (M.D. Ala 1970)(Johnson, C.J.)(chilling effect in illegal firing of English teacher over Kurt Vonnegut’s Welcome to the Monkey House.


The itty-bitty city of St. Augustine Beach, Florida reminds me of a play I once saw, called "House Rules," about a horribly dysfunctional Florida family.  


St. Augustine Beach "Mayors" rotate and are not elected by the residents.


Somnambulistic City "Manager" BRUCE MAX ROYLE and his willing accomplice, outgoing "Mayor" UNDINE CELESTE PAWLOWSKI GEORGE again wants to inflict "civility rules" that would be unconstitutional and "void for vagueness." https://cleanupcityofstaugustine.blogspot.com/2019/01/no-legal-defense-st-augustine-beach.html


One of two lawyers on Commission, Mayor George well knows the Reed v. Town of Gilbert case, which necessitated a rewrite of the City of St. Augustine Beach's unconstitutional sign code, which discriminated against political signs and limited candidates to only two weeks of sign-posting, a pro-incumbent rule run riot, about which I had warned since 2007. 


Since 2015, in the Reed v. Town of Gilbert case, our U.S Supreme Court has required "strict scrutiny" of content-based free speech restrictions. Wikipedia explains, "Writing for a majority of the Court, Justice Clarence Thomas held that the town's sign ordinance imposed content-based restrictions that did not survive strict scrutiny because the ordinance was not narrowly tailored to further a compelling government interest. Justice Thomas also clarified that strict scrutiny should always be applied when a law is content-based on its face."


I find it odd that anyone would look to Sanibel, Florida for legal authority for its antique and unconstitutional rules adopted 12.5 years ago, on February 22, 2007, years before Reed v. Town of Gilbert.

The unconstitutional Sanibel "civility rules" that Mayor UNDINE GEORGE want to inflict, stating inter alia:

  • "Speakers and debates should focus on issues, not on persons or personalities."
  • "Anger, rudeness, ridicule, impatience and lack of respect for others are not acceptable behavior.
  • Demonstrations in support or opposition to a speaker or idea such as clapping, cheering, booing or  hissing or intimidating body language are not permitted in Council Chambers or workshop facilities."
No constitutional law research was done on these rules as of Friday, close of business.  When it's done, learned counsel, James Patrick Wilson and insurance defense lawyers, Susan Erdelyi and Denise May will advise:
  • These rules are content-based restrictions on free speech that would be subjected to "strict scrutiny," do not advance a "compelling governmental interest," and would be struck down under Reed v. Town of Gilbert, Arizona576 U.S. ___ ; 135 S. Ct. 2218; 192 L. Ed. 2d 236; 2015 U.S. LEXIS 4061; 83 U.S.L.W. 4444 (2015).
  • These rules don't advance a "compelling governmental interest.
  • These rules are not "narrowly tailored." McCullen v. Coakley, 573 U.S. ___ (2014)
  • These rules are highly subjective and what the Eleventh Circuit called a "standardless delegation" in Café Erotica of Florida, Inc. v. St. Johns County, 360 F.3d 1274 (11th Cir. 2004).
  • These rules do not give the First Amendment its required "breathing space."
  • These rules could lead to illegal ejection of citizens from meetings, resulting non civil rights liability under Lozman v. Riviera Beach, 585 U.S. ___ (2018)


Who needs lectures about "civility" by insecure, often-uncivil and shrill St. Augustine Beach Mayor UNDINE CELESTE PAWLOWSKI GEORGE?  

Mayor GEORGE is the entitled:
  • daughter of TRUMP CLUB leader and vote fraudster, Dr. MICHEL SERGE PAWLOWSKI, D.Sci. and
  • wife of former Mayor of St. Augustine Beach EDWARD GEORGE.
  • lawyer who allegedly intervened to cancel a Code Enforcement case involving her client, Norbert Tuseo. (They fix cases, don't they?)
The latest rotating Mayor of St. Augustine Beach, term-limited on her two-year reign of error --  punctuated by the desire to rule with an "iron fist," frustrated at her inability to inflict $400,000 worth of paid parking through a bogus no-bid PASSPORT LABS, INC. smartphone "app" -- wants to leave her mark on St. Augustine Beach with what?

"Civility rules."

How delightfully unconstitutional.


How impudently, imperiously, insolently pompous, pusillanimous and perverse -- hand me a script, ma'am,


People have a right to be angry.


People have a right to express their views without fear of censorship, or fear of ejection by bullies who misinterpret Florida statute on disrupting meetings, F.S. 871.01, which on remand Fane Loman's Washington, D.C. lawyers are arguing before the Eleventh Circuit is unconstitutional as applied.


The Supreme Court has gotten really tough on government violations of the First Amendment and viewpoint discrimination.  


A small town like St. Augustine Beach must weigh the lively jurisprudence on the First Amendment before going off half-baked into the wild blue yonder of suppression of Freedom of Speech, likely betting futures budgets. 

As Clint Eastwood once said, "Go ahead, make my day." You can adopt an illegal resolution, or even an ordinance, but you will NEVER have the last word.    https://cleanupcityofstaugustine.blogspot.com/2019/01/no-legal-defense-st-augustine-beach.html




Ed Slavin easlavin@aol.comHide
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20191101111917.pdf (76 KB)
Re: Request No. 2019-496: "Civility for public participation"
Dear St. Augustine Beach Mayor Undine Celeste Pawlowski George, Vice Mayor England, Commissioners Kostka, Samora and Rumrell, Messrs Wilson and Royle, Ms. Raddatz:
1. Where is the Florida and federal constitutional law research on this item?
2. If any exists, please send.
3. If none exists, please delete from agenda.
4. This item requires an ordinance and a public hearing, not a resolution.
5. The Sanibel policy is void for vagueness, has a chilling effect on free speech, and appears upon its face to be unAmerican and ill-advised?
6. If St. Augustine Beach were to adopt it, is it an invitation to a First Amendment lawsuit?
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com











PRO-DEVELOPER LAND DEVELOPMENT RULES: St. Augustine Beach Weights Half-Baked Amendments

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Come speak out at St. Augustine Beach City Hall, 6 pm, Monday November 4, 2019.

I await a response from the City of St. Augustine Beach about the origins of its latest proposed land development rule changes, urged by one BRIAN WILLIAM LAW, Building and Zoning Director.

LAW would increase the amount of allowable impermeable surface area, decrease setbacks, increase McMansions and deny an opportunity for a workshop with the Planning and Zoning Board (PZB) and the Sustainability and Environmental Planning Advisory Committee (SEPAC), as requested by PZB and SEPAC members.

-----Original Message-----
From: Ed Slavin
To: comugeorge ; commengland ; commkostka ; comdsamora ; comdrumrell ; mroyle ; jpwilson ; braddatz ; blaw ; dfitzgerald
Sent: Fri, Nov 1, 2019 4:08 pm
Subject: Request No. 2019-498: St. Augustine Beach City Commission: Brian William Law's dubious proposed revisions to Land Development Regulations


Dear St. Augustine Beach Mayor George, Vice Mayor England, Commissioners Kostka, Samora and Rumrell, Messrs, Wilson, Royle, Law and Ms. Raddatz and Ms. Fitzgerald:

1. For each pending proposed change in St. Augustine Land Development Regulations, please provide every single one of the lobbyist requests, memo(s) etc. explaining the background, alleged need, pros and cons and all documents on developer, builder and other lobbying contactsex parte contacts or meetings, etc.

2. If no such background documents or evidence of any need exists, please vote at your November 4, 2019 meeting to table each of the proposals, especially decreasing setback requirements and increasing impermeable surface areas.
3. Justice Felix Frankfurter said the purpose of an administrative law decision is to trace the route of the decision maker, "through the fog."
4. Here, we don't even have the fog, do we?
5. Mayor George: will you please swear in all legislative hearing witnesses, including  Building and Zoning Director Brian William Law?  Please allow more than two (2) minutes per person on these important issues and apply the seven-generation test" I discussed in the September 8, 2019 St. Augustine Record.
https://cleanupcityofstaugustine.blogspot.com/2019/09/county-city-should-pass-seven.html
6. St. Augustine Beach Commissioners, will you please vote to order a workshop with the Planning and Zoning Board (PZB) and Sustainability and Environmental Planning Advisory Committee (SEPAC), as requested by PZB and SEPAC members.
7. Like his predecessor, the SAB B&Z Director requires oversight.  Mayor George, you told me to address questions about Embassy Suites to Mr. Law. His refusal to speak with me in response to questions about Embassy Suites shows an imperiousness ("Beat It") that is unAmerican.  You suffered and permitted his smug incivility.  Why? 
8. Reducing setback requirements and increasing permeable surface ratios -- I detect no coherent policy basis in a beach town in the midst of ocean level rise.
9. SAB B&Z Director Brian William Law appears to be yet another cat's paw for developers. Commissioners: please do NOT let him presume to dictate policy, as is implied when he expresses possessory interest over the City Code, e.g., when he says, "I'll amend my ordinance."  L'etat, c'est moi, Mr. Law?
10. Upon receipt of the complete legislative history items that I requested in #1, I would like to interview Brian William Law, and to question him under oath during expanded public comment at the November 4, 2019 St. Augustine Beach City Commission meeting.  Enough secrecy.  As Justice Brandeis said, "Electric light is the best policeman.  Sunlight is the best disinfectant."
11. Ms. Raddatz, Ms. Fitzgerald: please forward this e-mail to SEPAC members and kindly share their e-mail addresses with me and on SEPAC's website.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com


BRIAN WILLIAM LAW is the hobbledehoy in St. Augustine Beach City "Manager" BRUCE MAX ROYLE's employ, a developer puppet who has refused to answer my questions about the EMBASSY SUITES fiasco, saying, "Beat it!" despite Mayor UNDINE CELESTE PAWLOWSKI GEORGE stating that he would answer my questions. "(You're not a resident, you're not a contractor," emitted the overtly hostile to journalists' questions Building and Zoning Director, pictured below looking bored, and holding up a document to avoid being photographed.)












How the commentariat could tip Trump’s impeachment one way or the other. (WaPo)

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"Politics is a lot like coaching football -- you've got to be smart enough to know the rules, but dumb enough to think it's important."

This column is flawed in its execution. I seriously doubt that commentators have that much influence. Thanks to social media, their influence is declining.

I think the video of live witnesses testifying will be breathtaking. Now that the World Series is over, the impeachment hearings will have our full attention.


House Speaker Nancy Pelosi (D-Calif.) as the House voted on impeachment procedures on Oct. 31. (Andrew Harnik/AP) (Andrew Harnik/Bloomberg)
House Speaker Nancy Pelosi (D-Calif.) as the House voted on impeachment procedures on Oct. 31. (Andrew Harnik/AP) (Andrew Harnik/Bloomberg)
The members of the commentariat — reporters and editors, columnists, authors and broadcasters (whether online or on radio or television) — are either “influential” or “irrelevant,” and they are either “prolific” or “occasional.”
It’s a four-square box, and like all four-square boxes, imperfect but useful. The head of the German military general staff in the early 1930s classified officers as either diligent or lazy, and either clever or stupid. There was a place for the lazy and stupid officers — vast numbers of jobs needed a plodding even dense sort, not numbed by repetition. The diligent and clever officers became colonels, for they would get accomplished what the strategic thinkers — the clever and lazy generals — decreed. The energetic and stupid officers, though, needed to be cashiered for there was no limit to how much damage they could accomplish.
On impeachment eve, the commentariat has spent years sorting itself into fairly easily identifiable camps, camps that align along an axis from anti-President Trump absolutism to a pro-Trump certainty. That axis has little to do with the four-square box. Indeed it is best to think of three different four-square boxes — one at each end of the spectrum and one in the middle.

In the box on the pro-Trump end of the axis, in the quadrant marked “influential and prolific,” for example, are Mollie Hemingway of the Federalist and Kimberley Strassel of the Wall Street Journal. At the other, anti-Trump end, again in the “influential and prolific” quadrant, are for example MSNBC’s Rachel Maddow and Nicholas Kristof of the New York Times.
There are many others in both boxes, of course. The middle-of-the-spectrum “influential and prolific” box includes a handful of journalists, including The Post’s Dan Balz and the Times’s Peter Baker, who could conceivably move the story off the deadlock on which it rests now: a House certain to pass an article or two of impeachment and a Senate certain to reject them, perhaps peremptorily, given the vast deficiencies in the rules of the process adopted last week by the House. (Imagine a prosecutor being able to veto a defense counsel’s star witness!)
Say the House reforms its rules to match those of impeachments past and thus restores at least the patina of fairness to the proceedings. A handful of the commentariat could then be in a position to decide the matter.


Huh? Yes, it’s true. Simply put: Only surprise defections of prolific, influential members of the commentariat from the pro-Trump camp to the anti-Trump camp, or vice versa, would shatter the deadlock. Such influencers from the former camp would give cover to Republican senators. We are nowhere near the 20 GOP senators needed to remove the president, and until you show me at least six Republican senators willing to publicly state that it’s within the realm of possibility — that the process is fair enough and the evidence of a high crime and misdemeanor conclusive enough to vote to remove — we are closer to the Miami Dolphins going to the Super Bowl than we are to removing the president via conviction.
That could change if a Hemingway or a Strassel came upon evidence they thought sufficiently damning to overcome the obvious procedural assaults on the country’s shared understanding of fair play. Americans know that such processes need to be appropriate to the circumstances, whether that means a proceeding to penalize a high school student for drinking alcohol at the prom or to grant a variance at the homeowners association for a second-story addition. Right now, the pro-Trump people think the impeachment process lacks the fair-play element and that it is unlikely to be restored. They doubt as well that an offense deserving removal has occurred.
But if one, or two, or suddenly three or six of the presently pro-Trump influencers, including both the prolific or the occasional (think of Brit Hume and Fred Barnes as entrants in the occasional category), break and switch to the remove end of the axis, then the president will be in trouble. For it is the commentariat that listens closely to its audiences and reflects the consensus views, not automatically, but by this mysterious process known as reporting.


Similarly, if influencers from the anti-Trump camp go out from the citadels of the left and into handful of states that will decide the election of 2020 and return with the news that the impeachment proceeding led by Rep. Adam B. Schiff (D-Calif.) is widely understood to be a show trial and an assault on due process that is endangering the Democrats up and down the ballot in a year, then House Speaker Nancy Pelosi (D-Calif.) will quickly descend from her throne to put the genie back in the bottle.
Rarely has the media possessed such power. But only if it acts in unpredictable ways. Otherwise, the deadlock persists until next November.


Read more:

Donald Trump not quite a Florida man yet. He may face audit over planned move from New York. (AP)

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Fraudfeasing "President*" DONALD JOHN TRUMP Is in for a rude awakening.  The State of New York will not take "no" for an answer, whether on criminal charges or back taxes.







In this Nov. 22, 2018 file photo, President Donald Trump speaks to reporters following his teleconference with troops from his Mar-a-Lago estate in Palm Beach. President Donald Trump says he will be making Palm Beach his permanent residence after he leaves the White House, rather than returning to Trump Tower in New York.
In this Nov. 22, 2018 file photo, President Donald Trump speaks to reporters following his teleconference with troops from his Mar-a-Lago estate in Palm Beach. President Donald Trump says he will be making Palm Beach his permanent residence after he leaves the White House, rather than returning to Trump Tower in New York. (Susan Walsh/AP)

Donald Trump a Florida man? Not so fast.
Despite a stinging "good riddance" tweet from New York's governor, the president's home state may not let him go to Florida without a fight.
Trump’s plan to shift his permanent residence to Palm Beach will likely be heavily scrutinized by New York state officials, who are notorious for auditing wealthy residents seeking to flee to lower-tax states to make sure such moves are real and not just on paper. Those cases can go on for years.
"New York says just because you fill out a piece of paper, that doesn't make you a Floridian," said Mark Klein, a tax lawyer who has handled hundreds of tax-residency audits. "People have this misunderstanding that if you go to Florida and fill out an affidavit, you register to vote and you get a driver's license, that is all it takes."

RELATED: Trump dumps Manhattan to make permanent home at Mar-a-Lago in Palm Beach »

Even though it appears Trump has a strong case — he's only spent a few nights at his Trump Tower penthouse overlooking Fifth Avenue since he became president — tax experts say it's not a matter of if he will be audited but when.
"It's 100 percent he'll get audited," predicted Barry Horowitz, a tax accountant who has handled many change-of-residency cases. "There'll be a fight."
The general rule for avoiding New York taxes is to spend less than 184 days of the year in the state, but that's just the beginning. Auditors and judges could look at where his business is headquartered (also in Trump Tower), the size of his various homes, where he displays his family photos and his most valuable artwork, even where he gets his teeth cleaned.

1600 Pennsylvania Avenue, the White House, is the place I have come to love and will stay for, hopefully, another 5 years as we MAKE AMERICA GREAT AGAIN, but my family and I will be making Palm Beach, Florida, our Permanent Residence. I cherish New York, and the people of.....

In announcing his move in a tweet late Thursday, Trump said New York City "will always have a special place in my heart!" But despite paying "millions of dollars in city, state and local taxes each year," he complained, he had been "treated very badly by the political leaders of both the city and state."

New York Gov. Andrew Cuomo quickly tweeted: "Good riddance. It's not like @realDonaldTrump paid taxes here anyway..."
And then New York City Mayor Bill de Blasio chimed in, tweeting, "Don't let the door hit you on the way out" and "Deepest condolences to the good people of Florida."
Trump responded later Friday with a four-part tweet that blasted both Cuomo ("the brother of Fredo") and de Blasio, saying, "I love New York, but New York can never be great again under the current leadership."

RELATED: Who’s moving to Florida because of the new federal tax laws? »

In New York, Trump is paying a top marginal tax rate to the city and state that adds up to 12.7 percent. And because of Trump's own tax overhaul two years ago, he can no longer deduct most of those state and local taxes on his federal return.
In Florida, Trump would pay zero income taxes and zero estate taxes.

Trump is following a well-trod path of many other septuagenarian New Yorkerswho have been drawn to Florida’s year-round warmth, sunshine and low taxes. Last year alone, 63,000 New Yorkers became Florida residents.
"I think the governor of New York should take a look at his economic policies and what is happening there," said Kellyanne Conway, a counselor to the president. "The president is doing what many taxpayers have done and property owners have done, and that is to go to a state that is more hospitable to hard-working Americans."
For Trump, his planned move to Florida could mark the end of an era. The glittering Manhattan skyline has always been part of Trump's brand, interwoven with his brash, boastful, in-your-face style. Trump Tower, his gleaming high-rise home for decades, became a character in his 2016 presidential campaign, the site of his famous escalator ride to launch his bid and dozens of headline-grabbing events and news conferences.
But soon after Trump took office, few people around him thought it would remain his home, mostly because of the hostile reception he's gotten there. Upset with its Democratic leaders and the protests, Trump has privately raged against the city, according to three Republicans close to the White House not authorized to speak publicly about private conversations.


RELATED: Taxed to the hilt, more northern homebuyers are migrating to Florida »

New York City's elite never full accepted the brash, tabloid-friendly, Queens-born businessman. And it got worse after he embraced right-wing politics, particularly on immigration. The deeply diverse and Democratic city turned on him, and he only received 10 percent of the vote in Manhattan.
When the president-elect ran his presidential transition out of the Tower, aides actively explored scenarios in which Trump would return to New York most weekends. But as demonstrators clogged midtown streets, Trump, who is loath to face protesters, began to back away from the idea.
Since taking office, New York's attorney general has announced investigations into the Trump Organization, and the state Legislature has moved to obtain his tax returns, efforts that likely will not be affected by his planned move to Florida.


“If people could escape New York charges simply by moving to Florida, there would be a lot of criminals walking around Miami Beach right now,” said Duncan Levin, a New York City lawyer specializing in money laundering and fraud cases.

Trump returns to New York City on Saturday to cheer on a mixed martial arts fight. As if on cue, protests are already scheduled to pass in front of Trump Tower.

Jonathan Lemire reported for the Associated Press from Washington. Associated Press writers Michael R. Sisak in New York and Zeke Miller and Deb Riechmann in Washington contributed to this report.

Jerry Springer Blames Trump For Society's Lack Of Civility. (Huffington Post)

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DONALD JOHN TRUMP has vulgarized and dumbed down public debate, to where even Jerry Springer, the former host of the "Jerry Springer Show," which featured dysfunctional families (former Mayor of Cincinnati, Ohio) has rightly condemned declining civility in our society.

The answer is not violations of the First Amendment, as is proposed by St. Augustine Beach Mayor UNDINE CELESTE PAWLOWSKI GEORGE, a registered Republican whose father is a leader of the TRUMP CLUB in St. Johns County, and a vote fraudster who got adjudication withheld after voting in local elections while still working for FEMA and living in Maryland.

Our founders believed that the answer to speech was more speech, not less.








Jerry Springer Blames Trump For Society's Lack Of Civility

Giuliani associates pursued Florida medical marijuana license. Is industry vulnerable? (Tampa Bay Times)

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In October 2016, RUDOLF WILLIAM LOUIS GIULIANI spoke to adoring crowds of misguided Americans, supporting DONALD JOHN TRUMP at our St. Augustine Amphitheater.  Alert Amphitheater Manager Ryan Murphy made sure they paid in advance by wire transfer. TRUMP has stiffed thousands of vendors as a corrupt businessman with five bankruptcies, as well as refusing to pay more than a dozen venues for rental and security.

Now we learn that several of RUDOLF GIULIANI's Soviet-born associates, LEV PARNAS and IGOR FRUMAN, under indictment in federal court in New York, were hustling to get medical marijuana licenses here in Flori-DUH. Mr. GIULIANI, you have the right to remain silent, but we wish you wouldn't. GIULINI's father served time in prison for armed robbery of a milkman. The apple does not fall far from the tree.





Giuliani associates pursued Florida medical marijuana license. Is industry vulnerable?

The state business has 277,000 patients and counting.

Former St. Augustine Beach Mayor Sherman Gary Snodgrass on Civility

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Update 10 PM, November 4, 2019: St. Augustine Beach consideration of the Sanibel, Florida "civility" policy is dead. Deader than Kelsey's Nuts. Or as the coroner in Wizard of Oz would say, I pronounce igt "not only merely dead, [but] really most sincerely dead." Thanks to the City of St. Augustine Mayor, Commissioners and in-house and outside insurance counsel for coming to their senses. It takes a village.

No thanks to City "Manager" BRUCE MAX ROYLE, who had nothing to contribute all night, and who fell asleep at the dais at least once. It's time for him to go. Now.


A letter to the Editor of the St. Augustine Record from 2017 by St. Augustine Beach Commissioner and Mayor Sherman Gary Snodgrss puts into sharp response the Draconian, unconstitutional 2007 Sanibel, Florida "Civility Rules" floated by current St. Augustine Beach Mayor Undine Celeste Pawloski George:

Dear Editor:
This is in response to Mr. Cottrell’s recent editorial about government legislating manners.
What is civility and why is it important in public discourse? Civility is the way we treat each other. It is treating one another with respect even when we disagree. Freedom of expression versus respect for fellow participants in the democratic process presents an interesting conundrum. Should we not strive, though, for both? Why should freedom of speech and civility be mutually exclusive?
I value freedom of speech. I support it. I encourage it. I desire robust discussion of issues about the health, safety, and welfare of our citizens. Commission meetings are held for conducting city business. Reasonable rules of decorum which promote freedom of speech and civility should guide the conduct of the meetings to ensure we carry out efficiently and effectively the business of our citizens.
Tensions can run high on local issues but lately it seems that the state of public discourse has reached a sad low. All of us, including City Commissioners, have the responsibility of listening to others respectfully, exercising self-control, considering all viewpoints, focusing on the issues, and avoiding personalization of the debate. I challenge commissioners and citizens alike to pursue these goals.
I doubt civility can be regulated but perhaps it can be inspired by adopting common-sense meeting rules which are consistent with the United States Constitution. In the end, can civility be legislated? Maybe not. According to Aristotle, virtuous behavior must be voluntary and civility is a form of virtuous behavior. But shouldn’t we aspire to achieve both free expression and civility?

S. Gary Snodgrass
City Commissioner – City of St. Augustine Beach, FL

Justice Dept. Asks for Identifying Details on Anonymous Op-Ed Author. (NY Times)

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In your guts you know he's nuts. Your paranoid "President*" has directed the Justice Department to identify a whistleblower who's written a book. What a nut.

There's no "prior restraint" allowed under the First Amendment. New York Times Co. v. United States, 403 U.S. 713 (1971)(The "Pentagon Papers case")

But Assistant Attorney General for the Civil Division JOSEPH H. "JODY" HUNT, a graduate of Columbia Law School, where he was "Best Oralist" in an international moot court competition.

Evidently, JODY HUNT reckons himself Cato the Censor, one of TRUMP's accomplices.

What a lugubrious goober.

What a louche lackey.

What a pompous prostitute.

Share his shame.

Here's his photo:

Jody Hunt
Jody Hunt official photo.jpg
United States Assistant Attorney Generalfor the Civil Division

He went from clerkships to White & Case and King & Spalding, then to USDOJ.  He's probably never represented a living breathing natural person in his entire life.

He's from Alabama, and was once the consigliere to Attorney General JEFFERSON BEAUREGARD SESSIONS, III.

From The New York Times:


Justice Dept. Asks for Identifying Details on Anonymous Op-Ed Author

The writer, a senior Trump administration official, plans to write a book to be published this month.
Credit...Pete Marovich for The New York Times

The Justice Department is trying to unearth the identity of the Trump administration official who denounced the president in a New York Times Op-Ed last year under the byline Anonymous, according to a letter from a senior law enforcement official on Monday.
In the letter, Assistant Attorney General Joseph H. Hunt asked the publisher of a forthcoming book by the writer and the author’s book agents for proof that the official never signed a nondisclosure agreement and had no access to classified information or, absent that, for information about where the person worked in the government, and when.

“If the author is, in fact, a current or former ‘senior official’ in the Trump administration, publication of the book may violate that official’s legal obligations under one or more nondisclosure agreements,” Mr. Hunt wrote to Carol Ross of the Hachette Book Group, which is publishing Anonymous’s book, as well as to Matt Latimer and Keith Urbahn, the agents for the former self-described senior official.

Mr. Trump, people close to him said, has long been troubled by the existence of Anonymous, whose Op-Ed condemned him as essentially unfit for office and described a “resistance” within the administration trying to keep the government on course, identifying as part of that group. Mr. Trump said last year that he wanted the  Justice Department to investigate the essay, declaring its writing an act of treason. Prosecutors said at the time that such an inquiry would be inappropriate because it was likely that no laws were broken.

White House officials did not immediately respond to an email asking whether Mr. Trump had directed the Justice Department to act. CNN first reported on Mr. Hunt’s letter.

Nondisclosure agreements are typical in the Trump administration, Mr. Hunt wrote. Previous administrations generally did not force officials to sign them, and legal experts say they are essentially unenforceable for government employees. But Mr. Trump long used them in business as well.

Officials who are allowed access to classified information must also agree to keep it secret as a condition of obtaining a security clearance to see it.

If the author’s representatives could not prove that the official did not sign a nondisclosure agreement or did not have access to classified information, Mr. Hunt demanded identifying information about the person’s government service.

“If you cannot make those representations, we ask that you immediately provide either the nondisclosure agreements the author signed or the dates of the author’s service and the agencies where the author was employed, so that we may determine the terms of the author’s nondisclosure agreements and ensure that they have been followed,” Mr. Hunt wrote.

A Justice Department official insisted that law enforcement officials were simply gathering the facts they would request anytime an administration official decided to write a book about his or her tenure as a government employee. Officials are trying to determine whether the author violated a nondisclosure agreement or had access to classified information but have not decided what to do once they have gathered that information, the Justice Department official said.

The publication of the Op-Ed in September 2018 set off frenzied speculation about its author and prompted discussion within the White House at the time about using polygraph tests to determine the official’s identity. Advisers dropped that idea, but the writer’s identity has remained a Washington mystery. The author’s name is known to editors in the Opinion section of The Times, but not in the newsroom, which is separate.

The idea for a book grew out of the Op-Ed, and it is scheduled to be published this month. The writer plans to publish under the byline Anonymous again.

Hachette said in a statement that it was declining Mr. Hunt’s requests for information. Hachette has “made a commitment of confidentiality to Anonymous and we intend to honor that commitment,” the statement said.

Javelin, the firm that employs Mr. Latimer and Mr. Urbahn, backed up Hachette and described Mr. Hunt’s letter as a warning. “Our author knows that the president is determined to unmask whistle-blowers who may be in his midst,” Javelin said in a statement.

The agents would not say whether their client has left government, but the letter was the latest in a spate of recent books by former government workers that have caught law enforcement officials’ attention.

In September, the Justice Department sued Edward Snowden, the former intelligence contractor who wrote a memoir about his decision to reveal top-secret documents about National Security Agency surveillance programs. The department sued because Mr. Snowden did not submit his manuscript to the government before publication for a review for potential classified information, which is illegal to disclose. The government sought to seize the proceeds from Mr. Snowden’s book.

The former F.B.I. deputy director Andrew G. McCabe did allow government officials to review his recent memoir for classified information. In it, Mr. McCabe discussed his career in the F.B.I. But he left out details about some of his most contentious moments in the days after Mr. Trump fired James B. Comey as director of the bureau,  including suggestions by the deputy attorney general at the time, Rod J. Rosenstein, to wear a wire to secretly record his conversations with Mr. Trump and to invoke the 25th Amendment to remove him from office.

Katie Benner contributed reporting.

Letter: Shaver provides hard-earned perspectives to Upchurch. (HCN)

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Expecting one foot of sea level rise in ten years has major implications for St. Augustine, St. Augustine Beach and St. Johns County.  We are not prepared.  Our officials are mostly dull Republican climate change deniers.  As Sir Winston Spencer Churchill said, "The era of procrastination, of half-measures, of soothing and baffling expedients, of delays is coming to its close. In its place we are entering a period of consequences.”

From Historic City News blog:



Letter: Shaver provides hard-earned perspectives to Upchurch

Historic City News obtained a copy of a recent email sent by Mayor Nancy Shaver to St Augustine Mayor Tracy Upchurch upon their return from the American Flood Coalition Summit in Washington, DC.  Mayor Shaver, who was elected, and twice re-elected by citizens who respected her ability to address tough problems, spent much of her energy on what she sees as one of the greatest dangers to the city, its business owners, property owners, and residents — sea level rise.
This is the complete text of the e-mail:
Tracy-
It was so good to spend time with you at the American Flood Coalition Summit and get to know you better. As you continue to lead the City through this challenge, you will find this group to be a valuable and credible resource. As I said, I will continue to engage in this issue when I return to St. Augustine and plan to be helpful.
Rather than share tomes of details—here are a few hard-earned perspectives which I hope are useful to you.
Sea level rise working assumption:
Although there are many ways to think about the coming rising waters, the conservative approach is not to “go low” especially when we are fortunate enough to have a robust study from 2016, “Coastal Vulnerability Assessment: City of Saint Augustine, Florida”.  You mentioned that the studies are a bit opaque and I agree.
Here’s a cheat sheet on two vital areas:
1.   How much will our seas rise and when?
To be conservatively using the NOAA high model we need to prepare for 1 foot of rise by 2030, a scant 10 years away, and 2-2.5 feet by 2040-50.
The Dewberry maps in the study include a range of sea level rise depictions. They need to be enlarged like the one I gave you (Lucy is your resource for printing) and can drill down to each neighborhood.
The Union of Concerned Scientists used the same model and has partnered with Zillow to show the impact on real estate. The data is now distributing to consumers and the realtors.  (https://www.ucsusa.org/about/news/25-million-homes-threatened-high-tide-flooding)
I encourage you to spend time with section four (beginning page 20) of “Coastal Vulnerability”. It makes clear that time is not on our side with this challenge.
The “tipping point” is 2-2.5 feet for our roads, bridges, water and wastewater—and in many ways more essential- our architectural icons including Flagler College.
Note: The FEMA unfunded request for temporary hurricane protection is not a solution for our low lying (1.5 feet) wastewater plant.
2.   How do we move forward effectively?
We are behind, and we didn’t need to be.
At the Summit, Del Ray Beach had a clear crisp story and a dollar ask.  We have the “Coast Assessment” and a retained engineering firm, but I was not able to move that vital effort forward. I hope you can.
We should at least be on a par with Del Ray Beach.
Another hard-won insight.
The Army Corp ”solution” -not likely.
First, the Corp models deeply understates sea level rise so represent high risk if used as a benchmark. AFC can confirm that in detail for you. Their timelines for any work are extended, adding additional risk.
This is well known by staff.
Regan, Cullum and I met twice with the Corp. In the first meeting the “Back Bay Study” cost and the multi-year timeline were described. We determined that neither were realistic. We then met with the Corp head in Jacksonville. We were advised to engage a private firm and that Corp assistance was unlikely. We were referrers to some credible private firms. It appears that staff did not take that advice.
On another note, it was an embarrassment in front of Congressman Rutherford (with whom I have met twice on the issue) to hear Cullum refer to “historical property value” when that value is not considered by the Corp as we were informed earlier.
Next steps?
The first step, as I mentioned is to be on par with Del Ray Beach, and have a credible cost estimate for adaptation.
The City could also consider naming a Chief Resiliency Officer reporting directly to the Commission. This would mirror the State structure. In my travels I came across some impressive people who might serve well.
One more item:
I had mentioned “adaptation action areas.” My recollection is that it is a “three floods you’re out” mechanism that allows for the buyout of homes that are flooded. It has been used in Jacksonville and Hollywood as I recall and may be useful in our flood prone area. I found this link which may be useful. https://southeastfloridaclimatecompact.org/wp-content/uploads/2014/09/final-report-aaa.pdf
As you continue your work on this challenge, I would consider Alec Bogdanon from AFC as an honest broker and a solid resource.  Alec is a meteorologist educated at either MIT or Harvard, and clearly his mother is a well-respected lobbyist as you saw. Professor Bonder and others at Flagler College are versed in the issue and were helpful to me.
I’d suggest you print a copy of the “Coastal Vulnerability Assessment”; it is my bible. Of course, it goes without saying that I will continue to be a voice on this issue and happy to be a resource for you (after my next medical journey).
My very best and good luck,
Nancy

ANOTHER VICTORY: Bus bench and shelter advertising REJECTED by City of St. Augustine Beach, Florida

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Three cheers for the City of St. Augustine Beach Commissioners for again opposing ugliness and billboards.  It was unanimous.  Another victory for the public interest. It takes a village.

Three prospective no-bid contractor salesmen or lobbyists asked the City of St. Augustine Beach to approve advertising-laden bus shelters and benches.

The City of St. Augustine Beach rightly rejected them.

The bus shelters or benches were offered on condition of the City of St. Augustine Beach amending its sign code to "conform" to the contractors' demands.

They mentioned a few locations, where their advertisements blare, none in cool hip beach towns like St. Augustine Beach.

They mentioned that some South Florida cities using their services ban political ads, which is unconstitutional under Reed v. Town of Gilbert.

No thanks to City "Manager" BRUCE MAX ROYLE for once again putting dodgy vendors on a Commission agenda. As former Mayor Sherman Gary Snodgrass once told me, he would never have allowed a vendor to present to the Board of Commonwealth Edison or Excelon, the nuclear utilities for which he worked.

Why in the name of all that's does maladroit City "Manager" BRUCE MAX ROYLE continue putting ethically questionable items on the agenda?

Meanwhile this senescent somnambulant mossback eschews real issues, like:

  • global ocean level rise
  • lobbying registration, 
  • ethics reform, 
  • a County Charter, 
  • Inspector General, 
  • Ombuds
  • his own painfully obvious incompetence..


By the way, the grifters in quo cited a loooong Florida statute that then legislature passed to allow such crooked deals. In called it bribery -- they offered a thing of value too the City of St. Augustine Beach if it would amend its sign code. Federal laws, like the Hobbs Act, suggest that such corruption is indefensible, and must be ended at once,

Here's the 1553 word Florida statute in quo, likely the product of louche lobbying of the Florida legislature by CBS OUTDOOR, GANNETT or other large advertising companies:


337.408 Regulation of bus stops, benches, transit shelters, street light poles, waste disposal receptacles, and modular news racks within rights-of-way.—

(1) Benches or transit shelters, including advertising displayed on benches or transit shelters, may be installed within the right-of-way limits of any municipal, county, or state road, except a limited access highway, provided that such benches or transit shelters are for the comfort or convenience of the general public or are at designated stops on official bus routes and provided that written authorization has been given to a qualified private supplier of such service by the municipal government within whose incorporated limits such benches or transit shelters are installed or by the county government within whose unincorporated limits such benches or transit shelters are installed. A municipality or county may authorize the installation, without public bid, of benches and transit shelters together with advertising displayed thereon within the right-of-way limits of such roads. All installations shall be in compliance with all applicable laws and rules, including, without limitation, the Americans with Disabilities Act. Municipalities and counties that authorize or have authorized a bench or transit shelter to be installed within the right-of-way limits of any road on the State Highway System shall be responsible for ensuring that the bench or transit shelter complies with all applicable laws and rules, including, without limitation, the Americans with Disabilities Act, or shall remove the bench or transit shelter. The department shall have no liability for any claims, losses, costs, charges, expenses, damages, liabilities, attorney fees, or court costs relating to the installation, removal, or relocation of any benches or transit shelters authorized by a municipality or county. On and after July 1, 2012, a municipality or county that authorizes a bench or transit shelter to be installed within the right-of-way limits of any road on the State Highway System must require the qualified private supplier, or any other person under contract to install the bench or transit shelter, to indemnify, defend, and hold harmless the department from any suits, actions, proceedings, claims, losses, costs, charges, expenses, damages, liabilities, attorney fees, and court costs relating to the installation, removal, or relocation of such installations, and shall annually certify to the department in a notarized signed statement that this requirement has been met. The certification shall include the name and address of each person responsible for indemnifying the department for an authorized installation. Municipalities and counties that have authorized the installation of benches or transit shelters within the right-of-way limits of any road on the State Highway System must remove or relocate, or cause the removal or relocation of, the installation at no cost to the department within 60 days after written notice by the department that the installation is unreasonably interfering in any way with the convenient, safe, or continuous use of or the maintenance, improvement, extension, or expansion of the State Highway System road. Any contract for the installation of benches or transit shelters or advertising on benches or transit shelters which was entered into before April 8, 1992, without public bidding is ratified and affirmed. Such benches or transit shelters may not interfere with right-of-way preservation and maintenance. Any bench or transit shelter located on a sidewalk within the right-of-way limits of any road on the State Highway System or the county road system shall be located so as to leave at least 36 inches of clearance for pedestrians and persons in wheelchairs. Such clearance shall be measured in a direction perpendicular to the centerline of the road.
(2) Waste disposal receptacles of less than 110 gallons in capacity, including advertising displayed on such waste disposal receptacles, may be installed within the right-of-way limits of any municipal, county, or state road, except a limited access highway, provided that written authorization has been given to a qualified private supplier of such service by the appropriate municipal or county government. A municipality or county may authorize the installation, without public bid, of waste disposal receptacles together with advertising displayed thereon within the right-of-way limits of such roads. Such waste disposal receptacles may not interfere with right-of-way preservation and maintenance.
(3) Modular news racks, including advertising thereon, may be located within the right-of-way limits of any municipal, county, or state road, except a limited access highway, provided the municipal government within whose incorporated limits such racks are installed or the county government within whose unincorporated limits such racks are installed has passed an ordinance regulating the placement of modular news racks within the right-of-way and has authorized a qualified private supplier of modular news racks to provide such service. The modular news rack or advertising thereon shall not exceed a height of 56 inches or a total advertising space of 56 square feet. No later than 45 days prior to installation of modular news racks, the private supplier shall provide a map of proposed locations and typical installation plans to the department for approval. If the department does not respond within 45 days after receipt of the submitted plans, installation may proceed.
(4) The department has the authority to direct the immediate relocation or removal of any bus stop, bench, transit shelter, waste disposal receptacle, public pay telephone, or modular news rack that endangers life or property or that is otherwise not in compliance with applicable laws and rules, except that transit bus benches that were placed in service before April 1, 1992, are not required to comply with bench size and advertising display size requirements established by the department before March 1, 1992. The department may adopt rules relating to the regulation of bench size and advertising display size requirements. If a municipality or county within which a bench is to be located has adopted an ordinance or other applicable regulation that establishes bench size or advertising display sign requirements different from requirements specified in department rule, the local government requirement applies within the respective municipality or county. Placement of any bench or advertising display on the National Highway System under a local ordinance or regulation adopted under this subsection is subject to approval of the Federal Highway Administration.
(5) A bus stop, bench, transit shelter, waste disposal receptacle, public pay telephone, or modular news rack, or advertising thereon, may not be erected or placed on the right-of-way of any road in a manner that conflicts with the requirements of federal law, regulations, or safety standards, thereby causing the state or any political subdivision the loss of federal funds. Competition among persons seeking to provide bus stop, bench, transit shelter, waste disposal receptacle, public pay telephone, or modular news rack services or advertising on such benches, shelters, receptacles, public pay telephone, or news racks may be regulated, restricted, or denied by the appropriate local government entity consistent with this section.
(6) Street light poles, including attached public service messages and advertisements, may be located within the right-of-way limits of municipal and county roads in the same manner as benches, transit shelters, waste disposal receptacles, and modular news racks as provided in this section and in accordance with municipal and county ordinances. Public service messages and advertisements may be installed on street light poles on roads on the State Highway System in accordance with height, size, setback, spacing distance, duration of display, safety, traffic control, and permitting requirements established by administrative rule of the Department of Transportation. Public service messages and advertisements shall be subject to bilateral agreements, where applicable, to be negotiated with the owner of the street light poles, which shall consider, among other things, power source rates, design, safety, operational and maintenance concerns, and other matters of public importance. For the purposes of this section, the term “street light poles” does not include electric transmission or distribution poles. The department shall have authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this section. No advertising on light poles shall be permitted on the Interstate Highway System. No permanent structures carrying advertisements attached to light poles shall be permitted on the National Highway System.
(7) A public pay telephone, including advertising displayed thereon, may be installed within the right-of-way limits of any municipal, county, or state road, except on a limited access highway, if the pay telephone is installed by a provider duly authorized and regulated by the Public Service Commission under s. 364.3375, if the pay telephone is operated in accordance with all applicable state and federal telecommunications regulations, and if written authorization has been given to a public pay telephone provider by the appropriate municipal or county government. Each advertisement must be limited to a size no greater than 8 square feet, and a public pay telephone booth may not display more than three advertisements at any given time. An advertisement is not allowed on public pay telephones located in rest areas, welcome centers, or other such facilities located on an interstate highway.
(8) Wherever the provisions of this section are inconsistent with other provisions of this chapter or with the provisions of chapter 125, chapter 335, chapter 336, or chapter 479, the provisions of this section shall prevail.
History.—s. 21, ch. 85-180; s. 61, ch. 94-237; s. 30, ch. 95-257; s. 63, ch. 96-323; s. 82, ch. 2002-20; s. 22, ch. 2004-366; s. 11, ch. 2009-85; s. 37, ch. 2012-174.
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Pouty Public Works Director DEMOTED BY City of St. Augustine (SAR)

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No matter how City Manager JOHN PATRICK REGAN tries to spin it, he's just demoted his old friend, MICHAEL G. CULLUM, P.E.

CULLUM is the man who on January 31, 2019 asked me to "step outside" when I publicly questioned the purchase of 91-93 Coquina Avenue, a/k/a "FREEMAN's FOLLY," a putative flood control expenditure about which he lied to Mayor Nancy Shaver and Commissioners.

CULLUM never apologized.

City Manager JOHN PATRICK REGAN, P.E. then had the effrontery to tell me that I needed to "reset my relationship" with CULLUM.

Looks like REGAN's  the one who has "reset [his] relationship" with CULLUM, removing him from a Director's chair.

CULLUM, REGAN and FREEMAN all recently skated on state ethics charges. 

CULLUM's response, printed in the St. Augustine Record on October 31, 2019, was to retaliate by publicly disparaging the complainant, Susan W. Rathbone, for filing a "frivolous" complaint.  I asked the City to produce any documents supporting his view.  None were produced.  

CULLUM's pay has been reduced be nearly $25,000 annually.

His new title is "Chief Resiliency Officer."

Perhaps it will come with a "charisma bypass," ethics classes and customer service training.  

CULLUM has two engineering degrees from UF.  Only about 5% of U.S. engineers have Master's degrees.

CULLUM has ability, but lacks ethics and candor.

He also seems to lack social skills -- not an uncommon trait among engineers, in my experience.  

Footnote: When I was in Houston, appearing before a USDOL Administrative Law Judge, trying the first environmental whistleblower case  ever tried against that NASA Johnson Space Center, learned Martin Marietta lawyers tried to portray the problem as my engineer client's alleged lack of social graces, rather than Martin Marietta's retaliation for whistleblowing about  a too-high touch temperatures on a devilishly clever but potentially dangerous biomedical engineering device used in the Space Shuttle for drying astronaut blood samples.

So I questioned my client's supervisor, an engineer who has immigrated from Turkey, whose four-syllable Turkish surname the ethnocentric, hopelessly provincial Baker & Botts defense lawyer refused to try to pronounce.  

I pronounced the supervisor's name correctly, first time, every time, repeatedly, and built a rapport. 

Then I got his candid one-word admission about the reputation of engineers for social skills.

I said, "Dr. Yalcinkaya, from your earliest days in engineering school in Turkey until your studies in America until now, have you ever heard a term used to describe engineers?"

He did not even answer "yes" or "no."

Instead, he said firmly, quickly and without any sign of  hesitation,"Nerds!"

I thanked Dr. Yalcinkaya profusely.  I had no further questions and I sat down.











City puts focus on resiliency

Former St. Augustine Public Works Director Mike Cullum has been named the city’s chief resiliency officer. He’ll oversee special projects related to sea level rise and flooding. The city’s former Mobility Program Manager Reuben Franklin Jr. is now the city’s public works director. [PETER WILLOTT/THE RECORD]

By Sheldon Gardner
Posted Nov 4, 2019 at 5:19 PM
St. Augustine Record

The city of St. Augustine has shifted a few key leadership roles, including creating a chief resiliency officer to focus on sea level rise and flooding issues.

Mike Cullum, who had been the public works director, is now the chief resiliency officer.

The problems associated with sea level rise and flooding have gotten more attention from government officials at the state level, with Julia Nesheiwat becoming the state’s first chief resilience officer.

The city of St. Augustine also has been investing resources in strengthening infrastructure against flooding and planning for sea level rise.

City Manager John Regan said he realized within the past couple of months that the city needed to create a different position to focus on the issue.

“It really needed its own independent person in charge of it,” he said.

Cullum, who will report to Regan, will lead major efforts on flood reduction, such as flood improvements focused on Lake Maria Sanchez and at 91 and 93 Coquina Avenue.

“Also, he’s working on long-term legislative strategies to create funding for bigger solutions to sea level rise though Congress and the state of Florida,” Regan said.

Cullum said that he’ll work with city departments to make projects more resistant to flooding.


Cullum worked for the St. Johns River Water Management District for more than 20 years and at one point was the lead technical person on sea level rise for the district, he said.

He became public works director in 2018.

Mayor Tracy Upchurch said he thinks creating the role is a positive step and will give the city a point person to work on these issues.

“It illustrates how seriously the city takes this,” he said.

Upchurch recently attended a summit of Florida mayors in Washington, D.C., hosted by the American Flood Coalition, an event that focused on sea level rise.

Alec Bogdanoff, Florida resilience manager for the American Flood Coalition, named some other local governments that have a resiliency officer or something similar, such as Miami and Palm Beach County.

“The reality is that sea level rise is something that touches across many departments in municipalities, so identifying a chief resiliency officer allows them to have a point person who coordinates across all facets of the city,” Bogdanoff said.


The department changes have also meant salary changes, though there’s been no overall budget increase for the city, Regan said.

Culllum’s pay has been reduced from $112,250 to $87,500 a year along with the role change, said Donna Hayes, the city’s human resources manager.

Reuben Franklin Jr., the former mobility program manager, is the new public works director.

Over the past couple of years, Franklin has set up a work plan that can be spread among engineers in public works, and the city doesn’t plan to hire another mobility manager, Regan said.

“The past two years Reuben has done a really good job of getting organized,” Regan said.

Franklin said mobility will still be a major focus for the city. One of the top projects underway is a redesign of King Street.

Franklin’s salary is increasing from $91,559 to $95,000.


The city is also splitting off its utility work from Public Works and creating a Utility Department. Public Works will cover street and ground maintenance, and mobility and parking operations, according to the city.

Todd Grant, former deputy public works director, is now the Utility Department director. His salary is increasing from $86,284 to $95,000.

The city plans to create an engineering manager position that can be filled from within existing ranks instead of having a deputy public works director.

“Every so often you have to adjust the organization hierarchy (to support what you’re doing),” Regan said.


The Empire Strikes: St. Augustine City Commission, developers want to appoint mayor. (My column in November 5, 2019 Folio Weekly)

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Here's my latest column in Folio Weekly, just in time to mark the 20th anniversary of our moving to St. Augustine on November 5, 1999.  

Contributions gratefully accepted to support my zealous advocacy and investigative reporting in St. Augustine.  

www.gofundme.com/edslavin

Please share with friends and family.  

Thank you!

With kindest regards, I am, 

Sincerely yours,

Ed Slavin
Box 3084
St. Augustine, Florida 32085-3084
904-377-4998

BACKPAGE EDITORIAL

The Empire Strikes

St. Augustine City Commission, developers want to appoint mayor

Posted 
“We must especially beware of that small group of selfish men who would clip the wings of the American eagle in order to feather their own nests.” So said Franklin Roosevelt in his 1941 “Four Freedoms” speech.
At its Oct. 28 meeting, the St. Augustine City Commission aired a proposal to amend the City Charter to allow mayor and vice-mayor to be appointed by city commissioners instead of the voting public. That’s right. St. Augustine’s burghers want to rig the rules against us citizens. First they wanted to allow nonresident business owners to vote (which is illegal). Now they want an end to elected mayors. The Establishment doesn’t want to see another reformer like Nancy Shaver in office.
In response, I’ve asked the U.S. Department of Justice Civil Rights Division to investigate. Since the 1980s, St. Augustine citizens have voted twice to elect their mayors. There’s no need to insult voters by asking the question a third time.
St. Augustine residents first elected their mayor in 1812 under the landmark Spanish Constitution.  That soon ended, and commissioners took appointed turns as mayor in the bad ol’ days, when Rev. Dr. Martin Luther King Jr. called St. Augustine “the most lawless city in America.” Long trains of abuses by successive city managers include dumping a landfill in a lake, polluting our saltwater marsh, seeking to develop buildings on top of old garbage dumps, racist annexations diluting minority voting strength; First Amendment violations harassing artists, musicians and journalists—all dutifully reported for decades in Folio Weekly.
Then, after four (white, male) city commissioners deposed Ramelle Petroglu, St. Augustine’s first woman mayor, in 1985, residents voted—twice—to amend the City Charter to protect their right to vote for mayor. During 2014-2018, residents thrice elected a reform mayor, Nancy Shaver, who served with honor for 1550 days. She asked questions, demanded answers and expected democracy in St. Augustine. The New York Times reported in 2017 how she was the object of a “money bomb” from Sheriff David Shoar. After suffering a stroke in February, Shaver resigned and was replaced by Tracy Upchurch, ad interim.
Now opponents of reform (and democracy) want “their” town back. They’d like to curtail residents’ constitutional right to vote for mayor, lest they elect the wrong woman again. They want the mayor to be a “team player.” A “team player” in government and business parlance means one who willingly keeps wrongdoing secret.
Mayor Upchurch pushed back against the proposal, observing that the elected mayor’s position is a check and balance on the St. Augustine City Manager. Commissioner Nancy Sikes-Kline agreed.
Who wants to “rotate” awkward commissioners into the mayor’s seat? Enter Vice Mayor Leanna Freeman, an 11-year commissioner who has never run for mayor, but wants it on her resume. Freeman often blocked Nancy Shaver, even challenging her over a bathroom break and a 450th-commemoration forensic compliance audit. In short, a real team player.
What’s next? Commissioners must hold two public hearings before putting this turkey on a March 2020 primary ballot. If passed, there would be no more elected mayors in St. Augustine, only rotating figureheads. If this sounds like a bad idea to you, speak out 5 p.m. Tuesday, Nov. 12 and Monday, Dec. 9. The swing vote is Commissioner Roxanne Horvath, an architect who initially seconded Mayor Upchurch motion to “table” the idea and to “send it into outer space forever.”
_______________________________
Slavin is a veteran watchdog and editor of the Clean Up City of St. Augustine blog.



Who is WAYNE FUSCO? Obfuscatory Deputy Supervisor of Elections in St. Johns County

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  • Obstructs Open Records requests.
  • Works part-time as photographer, including weddings, work for Historic City News blog.
  • Moonlighting never approved by Vichy Republican St. Johns County Supervisor of Elections VICKY OAKES
  • Violated my request for Supervisor of Elections legal opinion requests earlier today:





-----Original Message-----
From: Ed Slavin
To: voakes
Cc: ctinlin ; voting.section ; rlabasky ; bcc1jjohns ; bcc2jsmith ; bcc3pwaldron ; bcc4jblocker ; bcc5 ; mary ; marylawrence ; comugeorge ; commengland ; commkostka ; comdsamora ; comdrumrell ; tupchurch ; lfreeman ; nsikeskline ; rhorvath ; jvaldes ; pmarsh ; sunshine ; pat.gleason ; nicholas.weilhammer ; pmccormack ; mwanchick ; jpwilson ; ilopez ; jcary ; georgio ; sheltonhull ; sam ; Jen ; jmoe01 ; rwc904 ; jim.sutton ; news ; news ; news ; aschindler ; jclark ; jim ; elyse ; Barry.Benjamin ; tom ; chris ; sandy ; matt ; marykitchencobb ; wfusco ; waltbog
Sent: Wed, Nov 6, 2019 11:21 am
Subject: Re: Request No. 2019-502: St. Johns County SoE legal opinions

Dear Ms. Oakes:
1. Please send me SJC SoE's legal opinion request correspondence, if any exists.  If none exists, please so state, rather than demanding that I perform a search on other agencies' websites, which is not a legally sufficient response:

 In response to your inquiry, there are several websites that will provide you with the information you have requested, if such information exists, and for your convenience here are the links:
Department of State:
Florida Attorney General:
US Department of Justice
   
2. SJC SoE Deputy Supervisor of Elections WAYNE FUSCO's November 6, 2019 e-mail (below) is not a proper response under F.S. 119 and Article I, Section 24.
See Florida Attorney General's Government-in-the-Sunsine (2019).  http://myfloridalegal.com/webfiles.nsf/WF/MNOS-B9QQ79/$file/SunshineManual.pdf
3. Please comply with our Florida Open Records laws, from this day forward.  Florida Constitution, Article I, Section 24, was adopted by vote of 83% of Florida voters in 1992 (3.8 million voters).  It is the controlling legal authority.
4. Does WAYNE FUSCO have a chip on his shoulder?  Knock it off, please.  Would you be so kind as to direct WAYNE FUSCO to stop violating our rights under our Florida Constitution, Article I, Section 24 and F.S. 119, please ma'am?
5. WAYNE FUSCO once demanded $95 for records that the Governor's office provided me for free.
6. WAYNE FUSCO has subjected me to a hostile working environment.  
7. WAYNE FUSCO lacks as welcoming spirit. 
8. Please coach and counsel WAYNE FUSCO and place a memo in his personnel file today.
9. When is the next meeting of the Canvassing Board?
10. I would like to present my concerns to Judge Tinlin and the other members of the other members of the Canvassing Board if these concern  are not resolved today.
11. Please call me to discuss.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
www.cleanupcityofstaugustine.blogspot.com
www.edslavin.com



-----Original Message-----
From: Wayne Fusco
To: Ed Slavin
Sent: Wed, Nov 6, 2019 8:36 am
Subject: Re: Request No. 2019-502: St. Johns County SoE legal opinions

Mr. Slavin,
In response to your inquiry, there are several websites that will provide you with the information you have requested, if such information exists, and for your convenience here are the links:
Department of State:
Florida Attorney General:
US Department of Justice
Wayne E. Fusco - MFCEP
Assistant Supervisor of Elections
St. Johns County Supervisor of Elections
4455 Avenue A – Suite #101
St. Augustine, FL 32095
Office 904-823-2238
Fax 904-823-2249
Member Florida Local Government Information Systems Association (FLGISA)
Did you know that Online Voter Registration (OVR) is now available in Florida? 
You can register to vote or update your voter registration information 24 hours a day from any computer or handheld device at: https://registertovoteflorida.gov

From: Ed Slavin
Sent: Monday, November 4, 2019 7:29 AM
To: Vicky Oakes; Wayne Fusco
Cc: voting.section@usdoj.gov; rlabasky@bplawfirm.com; bcc1jjohns@sjcfl.us; bcc2jsmith@sjcfl.us; bcc3pwaldron@sjcfl.us; bcc4jblocker@sjcfl.us; bcc5@aol.com;
Subject: Re: Request No. 2019-502: St. Johns County SoE legal opinions
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Dear Ms. Oakes:
Please send me the legal opinions requested by the St. Johns County Supervisor of Elections from, or provided by, the U.S. Department of Justice Civil Rights Division, Voting Section, the Florida State Attorney General or the Florida Division of Elections.
Thank you,
With kindest regards, I am,
*** Under Florida Law, FS 119, email addresses are public record. If you do not want your email address released in response to a public records request, do not send emails to this entity. Instead, please contact this office by phone or in writing.

Investigation Finds Jack Evans Used Public Role To Benefit Private Clients. (WAMU)

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Washington, D.C. Councilman JACK EVANS, longest-serving Councilman, is unethical. Thanks to NPR affiliate WAMU for reporting.

Of course, this could never happen in St. Johns County.
Not because our elected officials are models of citizenship but because:

  1. Ten (10) countywide Constitutional Officers are ALL Republicans.
  2. Developer-driven County political machine is run by corrupt Sheriff DAVID SHOAR
  3. County Commissioners are afraid of Sheriff SOHAr
  4. County Adminisratgor is as cat's paw for developers
  5. County has no ethics ordinance
  6. County has no lobbying disclosure requirements
  7. County might as well answer its phones, "HOAR HOUSE," in tribute to Sheriff SHOAR, who legally changed his name from "HOAR" in 1994.
  8. County has no investigative report
  9. NPR affiliate in Jacksonville, WJCT, has delusions of adequacy and no investigative reporting.
  10. County Supervisor of Elections, Vichy Republican VICKY OAKES, does not advocate for disclosure laws.


From Washington, D.C. radio station WAMU, NPR affiliate:

Investigation Finds Jack Evans Used Public Role To Benefit Private Clients



Rachel Kurzius / DCist
“Mr. Evans has obliterated the public trust, and that would speak as well for the trust from his colleagues,” said Council Chairman Phil Mendelson at a press conference on Tuesday afternoon. “I think the report is damning. When you think about it, there’s no good news in it.”
But in his own 42-page response released late Tuesday afternoon, Evans’ lawyers largely rejected the report’s findings, accusing the law firm of only seeking to confirm predetermined conclusions about him and rushing the investigation to do so.
The response says Evans could have been better about disclosing his client relationships, but that he never intended to do anything corrupt.
“None of his lapses were intentional; none reflected any corrupt agreement with friends and clients; and none ever compromised Mr. Evans’ position, votes, support or work on long-standing issues for which he has been consistent for almost 30 years,” his response reads.
The D.C. Council voted in July to commission the investigation from the firm, which looked into whether Evans had conflicts of interest in his past five years of legislating. While the investigation ran into some roadblocks—namely, key clients of Evans’ consulting business refusing to speak—members of the council received copies of the report on Monday, as did Evans’ legal team.
The report is a key part of the D.C. Council’s ad hoc committee, which will determine discipline for the city’s longest-serving legislator. The committee, chaired by Ward 3 Councilmember Mary Cheh and on which every councilmember aside from Evans sits, will consider sanctions. (The D.C. Council already reprimanded Evans over business proposals he sent from his council email address and from council staff in March.) At-Large Councilmember David Grosso, has been calling for Evans’ resignation for months. Ward 6 Councilmember Charles Allen is now also calling for Evans to resign, Allen said today.
Cheh said it is her understanding that the Council, with 11 votes, could vote to remove Evans from the office he has held for almost three decades. But she did stress that Evans would be given a chance to respond to the report in an open session with the committee, and that the lawyers who wrote the report would also be on hand to answer questions about it.
And while she refused to say whether she thought Evans should remain in office, she did not hide her feelings with respect to what the report found.
“We’re entitled to be disgusted by what we read in the report,” said Cheh. “This report exposes yet again the undue influence of certain well-connected law firms… have on the work of our government. These sorts of things are corrosive of confidence our public should have.”
Allen shared a similar opinion earlier in the day, calling the report “a very fact-based review that lays out a clear pattern of unethical behavior… the report lays out the definition of pay-to-play. It’s incredibly distressing, it’s incredibly disturbing.”
This isn’t the first investigation into alleged pay-to-play activities by Evans. While D.C. councilmembers are allowed to hold second jobs, his work at law firms has long drawn criticism from government watchdogs. In 2016, Evans started his own consulting firm, which included clients who have business before the D.C. Council and the Metro board, where he served as chair.
Part of the nearly-100-page report focuses on Evans’ work as a consultant.. Investigators found “no evidence of ‘deliverables’—e.g., written reports to clients on business or political trends or developments, advice on specific projects, or introductions to landlords or other business partners,” the report says.. “According to Evans, his clients were mostly paying for the value of having him available on short notice if he could be helpful.”
That consultant work has also prompted a federal investigation, which resulted in subpoenas for his D.C. Council colleagues and a raid on Evans’ Georgetown home. His consultant work was the subject of a Metro board ethics investigation, too, and Evans stepped down from the board after the release of a damning report summing up its findings: “a pattern of conduct in which Evans attempted to and did help his friends and clients and served their interests, rather than the interests of WMATA.” The councilmember contests the findings of that report.
In August, Evans was fined $20,000 as part of an agreement with the Board of Ethics And Government Accountability. He maintains that he never admitted a violation of the council’s code of conduct. Instead, Evans “recognizes that these issues needed resolution in order to avoid a protracted and costly dispute resolution process,” according to a statement his office released at the time.
In the response from Evans’ legal team, Michael Frisch, an expert in legal ethics at the Georgetown University Law Center, said the council’s report relies on “an inaccurate and flawed understanding of a significant number of ethics rules that govern attorney and non-attorney professional behavior.” He added that simply because Evans worked for a law firm that represented a particular client, it did not mean Evans himself stood to benefit from measures in the council that favored that client.
Evans will have the chance to make these arguments himself before the ad hoc committee, but both Cheh and Mendelson hinted Tuesday they weren’t yet swayed by Evans’ early defenses. “It’s quite clear that if there was a line… he went was past that line,” said Mendelson. For her part, Cheh said Evans had consistently engaged in “willful blindness” to ethics rules.
In addition to fighting these allegations, Evans is also facing a crowded primary for his Ward 2 seat. Already, competitors have pounced on this report as the latest example of why they should replace him. A separate recall effort is also underway.
In July, the D.C. Council removed Evans as the chair of the Finance Committee in July, and dissolved the powerful committee, shifting its responsibilities to elsewhere on the council. In a close vote, Evans was permitted to remain on other committees, including the Committee on Business and Economic Development, which now has much of the Finance Committee’s portfolio. The deciding vote? Evans himself.
Moving forward, both Mendelson and Cheh said the Council may have to revisit its ethics laws and Code of Conduct.
“Maybe the silver lining is… it may make us redouble our efforts to look more closely at what’s going on,” said Cheh. “But you’re never going to be able to purge the body of bad behavior if you have bad actors.”
The last time the Council rewrote its ethics laws was in 2011 — after another spate of scandals engulfed the city lawmakers.
This story has been updated with additional comments and details about the report and Jack Evans’ response. 
This story was published originally on DCist.

Harvard Law School traces its origins to an Antiguan slave owner. Now the country wants reparations. (WaPo)

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Harvard Law School must answer.

HLS produces some stellar graduates, like:

  • my finest law professor Robert C. Banks, Jr. (who refused to list his Harvard LL.M. degree on our graduation programs for years, preferring to say only, "J.D., University of Arkansas," on the basis he spent three years at Arkansas and only one year at Harvard);
  • Charles P. Rippey, USDOL Administrative Law Judge, the first judge for whom I clerked;
  • HLS' first African-American Harvard Law Review Editor (Barack Obama).
Neither Memphis Law Professor Bob Banks nor our 44th President Barack Obama have ever been described as snooty -- far from it.

There are many fine HLS graduates who have humbly dedicated their entire careersto public service, like Judge Rippey, and including my boyhood hero, Senate Watergate Committee Chair Sam J. Ervin, Jr. of Morgangon, N.C., who humbly described himself as "just an old country lawyer."

But far too many HLS graduates are snooty corporate thugs, hired knife-throwers, leading meaningless lives of privilege for our oppressors.

HLS has been a tool of wicked evil corporations since its founding by slave owner money.

They are all of a size (extra small), not unlike the two (2) HLS graduates I defeated in Seater v. Southern California Edison. Co., 95-ERA-13.  When one was at the podium during our trial, he asked his estimable colleague for a glass of water; his colleague refused to give it to him.  Senior Special Agent Robert E. Tyndall (Retired EPA, FBI and HUD) was in the courtroom and observed this curious behavior and reported it to me during recess -- obviously, one of the two HLS graduates was "not a 'team player.'"

The fact that slave owners' money started HLS speaks volumes.

Today, slaves have debts, not chains, and our government is owned by the Wall Street Oligarchy of Cosmic Plunderers, whose greed puts the future of our planet at risk.

Due to its blood-stained history, HLS must enact reforms, just as my undergraduate school, Georgetown University, has done.

Fitting reparations might be to provide HLS clinical assistance to Antigua for its people, to help them navigate the legal system, which is too often biased in favor of the wealthy, worldwide.

From The Washington Post:







In this Nov. 19, 2002, photo, students walk through the Harvard Law School area on the campus of Harvard University in Cambridge, Mass.  (Chitose Suzuki/AP)
In this Nov. 19, 2002, photo, students walk through the Harvard Law School area on the campus of Harvard University in Cambridge, Mass. (Chitose Suzuki/AP)
By
November 6, 2019 at 6:08 a.m. EST





In an urgently worded letter recently sent to Harvard, Antigua and Barbuda Prime Minister Gaston Browne demanded that the university pay his country reparations “for the gains Harvard enjoyed at the expense” of Antiguan slaves.
Browne’s Oct. 30 letter to Harvard University President Lawrence Bacow — reported Tuesday night by the Miami Herald and Harvard Crimson — draws a direct line from Harvard Law School’s success today to the oppression of Antiguans enslaved by a Massachusetts-based plantation owner in the Colonial era.





That plantation owner was Isaac Royall Jr. — the wealthy benefactor of Harvard’s very first law professorship in 1815, whose name is still attached to Harvard’s distinguished Royall Professor of Law position today.
“We consider Harvard’s failure to acknowledge its obligations to Antigua and the stain it bears from benefiting from the blood of our people as shocking if not immoral,” Browne wrote.
Browne’s request for reparations comes as numerous universities across the United States, including Harvard, have sought to reckon with their enduring ties to the chattel slavery economy. Last month, Princeton Theological Seminary pledged $27 million in reparations, in the form of scholarships and other initiatives to assist descendants of slaves; in September the Virginia Theological Seminary also created a $1.7 million reparations fund.
Though the university hasn’t committed to reparations, Harvard also has taken steps to extensively research and acknowledge its ties to slavery, particularly related to Royall. Under pressure from students, Harvard Corporation decided in 2016 to retire the Harvard Law School shield, which bore the Royall family coat of arms. And in 2017 the university erected a stone memorial and plaque honoring “the enslaved whose labor created wealth that made possible the founding of Harvard Law School.”
But to Browne, the acknowledgment has not been enough. The university, Browne wrote, has failed to take steps to make more concrete amends with Antigua through reparations. He claimed the university has ignored Antiguan officials’ past requests to begin discussing how reparations could work. He suggested in his letter that Harvard could offer financial assistance to the University of the West Indies campus in Antigua and Barbuda.
“Reparation from Harvard would compensate for its development on the backs of our people,” Browne wrote. “Reparation is not aid; it is not a gift; it is compensation to correct the injustices of the past and restore equity. Harvard should be in the forefront of this effort.”
Harvard spokesman Jason Newton provided Bacow’s Tuesday response letter to Browne. Newton noted Wednesday morning that while Bacow did not respond to a 2018 letter from the Antigua and Barbuda ambassador, a Harvard official did respond to a 2016 letter, which described Harvard’s efforts to confront slavery.
Neither the 2016 letter nor Tuesday’s addresses the core request from Antigua and Barbuda: reparations.
“We recognize that there is more work to be done,” Bacow wrote Tuesday. “Indeed, Harvard is determined to take additional steps to explore this institution’s historical relationship with slavery and the challenging moral questions that arise when confronting past injustices and their legacies."
Bacow did not specify what the additional steps would be. Browne had requested a meeting between representatives from Harvard and Antigua and Barbuda, but in his letter, Bacow does not say whether he would be open to facilitating such a meeting.
The story of the Royall family begins at the turn of the 18th century, when Isaac Royall Sr. sailed to the West Indies and settled on the island of Antigua to make a living in the lucrative, slave-fueled sugar trade. The son of a carpenter, Royall Sr. had few prospects in the British colony of Massachusetts before moving to the island, according to a 2011 report, “Harvard and Slavery: Seeking a Forgotten History.”
But after purchasing stake in a slave ship named the “Mayflower,” Royall Sr. quickly began to amass his wealth, eventually earning enough to start his own sugar cane plantation in Antigua. That’s where his son, Isaac Royall Jr. — the namesake of Harvard’s first professorship — was born in 1719.
The family wouldn’t stay forever. By the 1720s and ’30s, disastrous hurricanes and earthquakes struck the island, drought left many slaves dying of starvation, and disease and infection ― flourishing among slaves performing the backbreaking work of chopping sugar cane — caused countless other Antiguan deaths, according to the 2015 book, “On the Battlefield of Merit: Harvard Law School, the First Century.”
As a result, Royall Sr. began planning his return to Medford, Mass., as early as 1732. He was finally pushed over the edge after the failed 1736 slave revolt, according to the book.
The bloody event, the authors of “On the Battlefield of Merit” say, is part of Harvard Law’s history too.
“The oldest and arguably the most distinguished chair in American legal education is Harvard’s Royall Professorship of Law. … But it is a historical fact that this chair is directly linked to a slave revolt on the Island of Antigua in 1736,” wrote Harvard Law School professor Daniel R. Coquillette and Ohio State University professor Bruce A. Kimball.
To plan the revolt, years in advance, about 2,000 slaves gathered in a forest to prepare to overthrow the white government, the professors reported, citing testimony from an 18th century British inquiry. Slaves in Antigua outnumbered white men four to one in 1723, according to Coquillette and Kimball’s research. But the alleged revolt conspiracy was never carried out. It instead resulted in the brutal executions of 88 enslaved Antiguans — including the Royall family’s head slave, who was burned at the stake, according to the professors.
The Royalls returned to Medford, Mass., in 1737 and brought their Antiguan slaves with them to work their new 540-acre farm. Royall Jr. inherited much of his father’s wealth, at least 18 slaves and land in both Massachusetts and Antigua following his father’s death, according to the “Harvard and Slavery” report. He became a popular statesman in the Massachusetts legislature and in local government — but following the outbreak of the American Revolution, he fled to England, according to “On the Battlefield of Merit.”
In exile, Royall Jr. penned his will in 1778 — in which he awarded the “gift to Harvard College that was to ensure Royall’s lasting fame,” Coquillette and Kimball wrote. He gave the college more than 800 acres of land, which he specified should “be appropriated towards the endowing a Professor of Laws in said Colledge, or a Professor of Physick and Anatomy” — whichever the college thought was best, Royall Jr. wrote.
In 1815, nearly 25 years after the slave owner’s death, Harvard used the proceeds from Royall Jr.'s gift to create the law professorship, establishing the foundation of today’s Harvard Law School.
“The bequest to Harvard came from the proceeds of the plantation in Antigua and from the exploitation and sale of human beings that Royall regarded as chattel,” Browne wrote in his letter. “Professor Janet Halley, on assumption of the Royall Professorship in 2006, was right to acknowledge in her inaugural address that Isaac Royall’s slaves ‘are intrinsically bound, if you will, to the grant that established the Royall Chair.’ ”
Antigua and Barbuda, which celebrated the 38th anniversary of its independence from Britain on Nov. 1, has been working with the Caribbean Reparations Commission for the last several years to make the “moral, ethical and legal case for the payment of reparations by the governments of all the former colonial powers and the relevant institutions of those countries.”
Browne said that Antigua and Barbuda’s ambassador to the United States, Sir Ronald Sanders, wrote to Bacow to press the issue in November 2018. At that time, Sanders pointed out that “the reputation Harvard enjoys internationally is intertwined with the dark legacy of Royall’s Antigua slaves who died in oppression, uncompensated for their lives in slavery and their death in cruelty.” Sanders sought a “genuine effort” from Harvard to begin working toward reparations.
But Sanders received no response, Browne said.


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Meagan Flynn is a reporter on The Washington Post's Morning Mix team. She was previously a reporter at the Houston Chronicle and the Houston Press.

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