Friday, March 30, 2018

UPDATE, ESCALATION: Republican National Committee Hires 2nd Firm To Knock On #AZ08 Doors

UPDATE, 4/2, 5:15pm: The national GOP organizations continue to pour money into keeping #AZ08 in Republican hands. The Congressional Leadership Fund SuperPAC has now put in slightly more than the $100,000 that it had indicated (to Politico) was budgeted. $65,000 was disclosed today for an ad(s), after spending $37,350 on phone calling*. In addition, the Republican National Committee has added phone banking to its spend. Only $2,470 for phones, so far, bringing its total to $323,651. Thus, the total outside spending favoring the GOP's Debbie Lesko is now just shy of $600,000, with three weeks until election day.

* The phone calls are listed as being both for Lesko and against Democratic opponent Hiral Tipirneni, which indicates that there is an attack component to the script.

***

The Republican National Committee upped its stake in Arizona's Special Election to replace resigned Rep. Trent Franks, hiring a 2nd company to knock on West Valley doors and put out a mailer.  The $40,000 is in addition to the $281,000 to hire an out of state firm to knock on #AZ08 doors in support of Debbie Lesko.

As noted earlier in the week, other national Republican groups are throwing in to make sure the normally-safe Republican district does not fall into Democratic hands on April 24. The NRCC is working with the Lesko campaign to air $171,590 worth of ads, and the GOP-philic Congressional Leadership Fund has indicated plans to spend $100,000 on the race. (Total = approx. $593,000)
Lesko on left, Tipirneni on right

The new filing indicates that Arena Communications (Utah-based) has received $12,124 for door-to-door efforts, and $27,808 for a mailer(s).

Lesko's Democratic opponent, Hiral Tipirneni, has raised more money than Lesko (through Feb. 7), and has not (yet) received support from the national Democratic organizations. Election day is April 24.






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Tuesday, March 27, 2018

Prop. 123 Lawsuit Far From Over, Judge Wants To Know How Congress' After-the-Fact Blessing Last Week Effects Past/Future School Payments (READ: OPINION)

SUBHEADLINE: Judge Slaps Down McCain/Flake/Salmon Argument That Congress Gave Arizona Carte Blanche

Arizona's peripheral arguments are showing "desperation rather than inspiration", declared U.S. District Court Judge Neil V. Wake in finding Monday that Arizona's 2012 and 2016 decisions to increase usage of state land trust funds were improper.

After denying Arizona's Motions to Dismiss the lawsuit, Judge Wake told the parties to explain whether Congress' after-the-fact blessing of Arizona's voters' validates the excess payments from 2012-2015 and 2016-2017.

There is little question that the measure slipped into last week's omnibus spending bill that President Trump (eventually) signed makes future payments under 2016's Prop. 123 okay. The parties have until next week to come up with a new briefing schedule.

In his 35-page opinion (below), Judge Wake also slapped down Arizona's two U.S. Senators and former Rep. Matt Salmon, who had argued that Congress had given Arizona carte blanche to make changes to the state's school land trust back in 1999 - thereby meaning that no federal approvals were necessary before Arizona voters amended the state Constitution in 2012 and 2016 to dip into the principal of the trust.


The amici curiae brief (also below) filed by Sens. McCain and Flake, and fmr. Rep. Salmon was filed one year ago. It argued that both Sen. McCain and then-Rep. Salmon received assurances - from Sen. Lisa Murkowski and the Congressional Research Service, respectively - that no Congressional action was necessary before Arizona voters considered Prop. 123.

Although no Answers have yet been filed and there are no substantive motions still pending, Judge Wake has asked for further briefing on the effects of Congress' new action. (When the state of Arizona was created, the federal government placed lands in trust, with the income to benefit Arizona's schools. The state is the trustee of the trust and has had to get Congress' approval to dip into the principal of the trust itself.)



Phoenix attorney Paul Weich contributed this article.

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BREAKING: National Republicans Scramble To Join Air War, For Lesko

The National Republican Congressional Committee ("NRCC") is scrambling its air war to help elect Debbie Lesko in next month's Congressional special election in northwest Maricopa County.

Yesterday, the NRCC and Lesko's campaign ordered $171,590 worth of airtime on Phoenix stations, for an ad beginning to air today. (No confirmation yet on what ad will run.)

Democratic opponent Hiral Tipirneni was already airing ads ($70,000 through today). The election date is April 24, but early voting begins this week.

On Friday, the Republican National Committee filed with the FEC that it was spending $281,250 to hire people (for $11.25/hour) to knock on doors in #AZ08. And, Politico is reporting that the Republican-philic Congressional Leadership Fund is planning to spend $100,000 to keep the seat from falling to the Democrats.




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Wednesday, March 21, 2018

BREAKING: Arizona Supreme Court Keeps ESA Referendum On November Ballot (READ opinion)

The Arizona Supreme Court today unanimously ruled that the election referendum on the law expanding the state's school voucher program will go forward in November.

The ruling affirms the trial court's decision and likely ends the legal challenge by Christopher Perea and Tom Jenney (Americans For Prosperity). They supported the Legislature and Governor Ducey's law and challenged the Save Our Schools' referendum effort on various petition grounds.

The Court determined that the challengers could not base their challenge on petition challenge laws passed by the Legislature in the 2017 session because they did not go into effect until the day after Save Our Schools had filed their petition signtures. (Justice Clint Bolick did not participate in the case.)

Arizona's Politics has requested comments from the parties and will update as needed.

UPDAE: Here is the quote that Save Our Schools' co-founder Beth Lewis provided to the Arizona Republic:

"We are grateful to be done with the distraction of their groundless lawsuit," according to a statement Wednesday from Save Our Schools Arizona co-founder Beth Lewis.
"We've known all along that our statewide volunteer network of parents, teachers and retirees played by the rules in our effort to protect public education and honor the will of Arizona voters.
"With this ruling, we can finally focus on our main objective: educating Arizona voters about the problems with Proposition 305 and the harm it causes to Arizona schools and communities."





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Friday, March 16, 2018

READ: Flake/McCain/Gardner/Barrasso Introduce Western Drought Resilience/Water Supplies Bill

Arizona Senator Jeff Flake and a trio of Western co-sponsors - John McCain, John Barrasso and Cory Gardner - have introduced a bill to address drought and water rights.

Here is the text of the Water Supply Infrastructure and Drought Resilience Act of 2018:



Sen. Flake's office summarizes:
Specific provisions in the bill would:
·         Establish a pilot program to update flood-control curves at Bureau of Reclamation facilities.
·         Increase access to USBR’s WaterSMART program.
·         Set up a “one-stop-shop” streamlined permitting process for surface water storage projects.
·         Provide USBR with increased flexibility to recharge aquifers.
·         Protect state water rights from over-regulation by the Department of Interior and Department of Agriculture.

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Thursday, March 15, 2018

WATCH: Flake Compares His Arizona Ranching Childhood To Wrangling In D.C.; "There Is No Damage Like The Damage A President Can Do"

Outgoing Arizona Senator Jeff Flake (R-AZ) delivered a speech to the National Press Club in Washington today. He contrasted his childhood at the rural F-Bar ranch to today's political situation in the nation's Capital.
If something was amiss on the ranch, you could ride your horse to the top of the highest hill to figure out what needed to be done. There are no tall buttes in D.C., Flake noted.  "But it is nonetheless our obligation to assess the condition of our politics, then to mitigate and repair the damage. Because as we are discovering, and will be discovering in the years to come, there is no damage like the damage a president can do."

"My party (has) fled its principles in the face of a nativist juggernaut," Flake said forcefully, before summing up:
There are no high buttes in this town, but if there were, we could gain the high ground and survey the damage. But the thing about gaining the high ground is from up there you can see beyond the damage, too. You can see everything. That is the job before us – to get through this, and beyond it.
The speech comes on the heels of Flake's book release last year, his decision to not seek re-election to a 2nd Senate term, and his trip to New Hampshire earlier this week. The talk about a possible primary challenge to President Trump in 2020 is getting louder, like the winds whipping through an Arizona ranch.

Here is the video of his speech, with the text below.

I am so grateful for the invitation to be here, at the National Press Club, at a time when the free press enjoys such universal acclaim and appreciation from those who occupy positions of power in America. I mean, really, all the fawning from the White House must get a little unnerving at times.

In all seriousness, though, I am proud to be here, and it is an honor to speak at one of the few constitutionally-protected clubs in the country.

I only regret that there is not much of interest happening in the world for us to talk about today.

I’m sorry to say that it gives me no pleasure to talk to you this afternoon about the state of our politics – about the damage being done, my party’s seeming amnesia in the face of it, and what we as a country must do in response to these relentless threats to our democratic institutions. To see our way clear in the daily maelstrom of this current administration requires perspective – which is, of course, easier said than done.

Perspective, I’ve always thought – and this may reflect some geographical bias – is more easily attained for a westerner.  I grew up as a kid on the F-Bar Ranch in rural Arizona, and if we needed to gauge the condition of the range, to find out where the cattle were feeding, to determine whether the stock tanks had water, or to measure the damage to roads and fences after a flood, we would find the highest hill or butte and ride our horses to the top.  From such a vista we could dispatch cowboys to gather cattle, machinery to shore up roads, or workers to repair fences – to restore some semblance of order.

There are no tall buttes in these parts, no vista offering clear panoramic views. But it is nonetheless our obligation to assess the condition of our politics, then to mitigate and repair the damage. Because as we are discovering, and will be discovering in the years to come, there is no damage like the damage a president can do.

This is not a normal political speech, for these are not normal political times. Wishing it were otherwise won’t make it so, and pretending that the state of our politics is not dire will not save us from its consequences. This is not a time for pretending. This is a time for defending our democratic institutions – and for resisting the resurgent authoritarian impulse the world over.

Defending democratic institutions ought not be a controversial idea, and hasn’t been until very recently. But recognizing that our institutions are under threat from within, with clarity, seems to me a basic obligation of the Article I branch of government – the congress, whose power is, in theory, equal to that of the president’s. Conservatives in the congress used to be very clear about their institutional prerogatives and obligations under the Constitution. I should emphasize: Used to be. 

Over the past several months, I’ve had occasion to take to the senate floor to describe with alarm the state of our democracy as I see it. Simple acts of conscience have never seemed more important. Of course, it seems at times like these that speaking in measured tones in the face of the routine vandalism of our democratic norms, is like whispering into a hurricane.

But we must speak out. For a politics that keeps us silent when we should speak is worthless in defense of the things we hold most dear. And as an article of faith, I firmly believe that if one voice can do such profound damage to our values and to our civic life, then one voice can also repair that damage. One voice can call us to a higher idea of America. One voice can act as a beacon to help us find ourselves once again, after this terrible fever breaks. And it will break.

We will get through this, and when we do, there will be much work to do to repair the damage. There will have to be an accounting for how we got here so that we might never find ourselves here again. There will have to be an American restoration. And for the sake of the common good and for basic human decency - we will have to create a new politics. This will be the obligation of all of us – those of us in elective office, those of us who will soon not be, and those us too smart to ever engage in politics in the first place.

Just as happens after a great storm leaves ruin in its wake, we will come together to rebuild. To shore up the foundations of our institutions that have seen such a gale lately, from that unpredictable storm now in the White House.

We will throw our backs into reinforcing the beams of the American system of justice, to make sure that never again will the independence of the judiciary be so threatened and the tenets of justice be so abused. It is a measure of how far we have fallen when we must fight for the basic ideas of American liberty and for the preservation of basic norms – such as, the attorney general is not the president’s personal lawyer, and the FBI director does not owe the president personal loyalty, but rather loyalty to the Constitution – to name but two.

In the wake of this storm, we will once again make clear to our allies that we are allies, and we will not ever again be afraid to remind friend and foe alike that it is our values that make America America.

We will not wink and nod at dictators.

Nor will we congratulate them for the good job they are doing in their programs of extrajudicial killings.

Nor will we host them in the Oval Office.
Nor will we hesitate to punish them for attacking our elections.

No, when this period is behind us, when the congress passes Russia sanctions with a sense of urgency, then you can be sure that we will implement those sanctions immediately.

No excuses.

We will be crystal clear and unambiguous in our defense of this country against the rogue ambitions of the likes of Vladimir Putin. There can be no passivity regarding the demonstrated Russia threat.

If this president saw it as his mandate to come in and turn the system upside down, to break the logjam and get things done, then it strains comprehension how going easy on dictators, and how undermining the independence of our justice system are part of the solution to breaking Washington’s partisan logjam.

They are not part of the solution, of course. Rather, they are among the bizarre features of this anomalous presidency, and it is our duty going forward to make sure that they remain anomalous, and never become thought of as normal.

How anomalous is this behavior? At a Pennsylvania rally just days ago, the President sought to quiet the crowd from booing at the mention of North Korean dictator Kim Jong-Un. Just as he encouraged, and reveled in, a chorus of jeers for the U.S. news media.  This was the same speech, of course, in which he taunted a member of congress for having a “low IQ.”

Referring to the media as “the enemy of the people” is not normal or acceptable. It is hard to say whether the President is aware of that phrase’s ignoble pedigree, or whether this impulse just comes naturally to him. Either way, dictators around the world are borrowing the President’s usage of the term “fake news” to silence legitimate criticism and opposition.
According to the Committee to Protect Journalists, there are a record number of journalists now being jailed worldwide, with 21 of that number being held on “false news” charges, gravely echoing the President’s language.

Yet we are told – mostly by people in my party - to ignore the President’s words. Pay attention to what he does, not what he says, these people say.

These calls, of course, ignore the entirety of American history (not to mention the undeniable power of the words of a president), and exhort us to adopt a new norm to accommodate undignified public behavior for just this one president. In the sweep of our history, have we ever been urged not to listen to what the president says? Of course not. And such admonitions are preposterous now. Accommodating the unacceptable – willfully adding deafness to our already stunning blindness. This gives a whole new meaning to Senator Moynihan’s felicitous phrase “defining deviancy down.”

We will get through this and when we do, perhaps what will most be remembered will be the war on objective reality, and the reflexive impulse to speak falsely. This is a problematic trait in business, a serious problem in personal relationships – but as a defining character trait, absolutely devastating in an American president.
If one’s word is one’s bond, then the bonds that bind Americans – to each other and to the world – are truly imperiled.

There is nothing that will be more vital to expunge from the American record than this frenzied attack on the truth. There are few jobs that will be more difficult than putting that particular horse back in the barn. Such is the power of a president to either build or destroy. And the irony should not escape us here - that someone whose name became known to us as a builder would have such a penchant for destruction.

But as he was renowned at branding his name - and putting his name on as many buildings and products as possible … in his wake, we will do well to similarly affix his name to many necessary reforms as well.  In that way, this president may end up bringing reform to Washington, DC after all (just not in a way he could have imagined).

And yet there are those in my party who continue to marvel at the strategic underpinnings of the daily chaos set loose from the White House. You just have to shake your head.  That which is strategic must first be thought, then thought through, then a true leader has the confidence to have people more experienced than he, tell him why it might be a terrible idea. Subject area experts become involved, maybe an astute lawyer who can give advice on whether something you want to do adheres to the Constitution. White papers are drafted, staffing happens, key people are read in, policy is made. 

The time it takes for a notion to tickle the cerebellum, send a signal to your fingers to pick up your phone and thumb-type a tweet is not a comparable process. We should know by now that there is no strategic brilliance to marvel at here. No, by now we know that this is chaos for its own sake, projected onto the world.

But the norming of this behavior by my party proceeds apace.

In my recent book, I wrote about Richard Nixon’s “madman theory” in which the strategic projection of the appearance of instability can force a desired outcome from a fearful foe. But for that theory to have coherence, you have to actually think strategically. And once you take the theory away, all that remains is the madman. 

We must be able to at least describe honestly what we are seeing with our own eyes. That is the least that we owe the people we represent. Not to describe that which we wish to be, or to enable further confusion with the oh-so-familiar “What the president meant to say…” No, the presidency is far too powerful an institution for a president to be so enabled.

But then, never has a party abandoned – fled! - its principles and deeply-held beliefs as quickly as my party fled its principles in the face of a nativist juggernaut.

We have become strangers to ourselves, even as we pretend that everything is fine, as if this is the way it has always worked.

To that I say – nonsense. 

If my party is going to try to pass off the degradation of the United States and her values from the White House as normal … if we are going to cloister ourselves in the alternative truth of an erratic leader … if we are going to refuse to live in the world that everyone else lives in … and reckon with the daily reality that they face – including their very real and understandable anxiety they feel … then my party might not deserve to lead.

It has been a twisted road to this point, but we must see our way out of here. That, of course, requires a recognition of the danger we have put ourselves in, it requires accountable leadership, and it requires good old American willpower.

We will get through this and when we do, how refreshing it will be once again to have leaders who can take criticism and not succumb to the impulse to attack the critic and the criticism, reflexively calling anything that doesn’t suit him fake news, or un-American, or treasonous. How refreshing it will be once again to know where the buck stops. That poor buck, lost out there, looking for someone, somewhere to take responsibility.

F. Scott Fitzgerald, near the beginning of one of the greatest American novels, The Great Gatsby, had his main character Nick Carraway, after a period of trauma and disillusionment, wanting for the world to stand at moral attention forever – no longer interested in “riotous excursions.”

The United States, after this riotous excursion, would do well to stand at moral attention for a spell. I do not know about forever, Mr. Fitzgerald, though I admire the ambition – but after the past couple of years, I’d settle for the world standing at a sort of moral attention for a day or two. That would be a good start.

We could all stand to be chastened for our part in this.

It has been a long, tortured process that has gotten us here, and it will take will and work to get us out of here – to once again put the interests of the people who elect us ahead of the prerogatives of power. It shouldn’t be hard because it is basic; but it will be hard.

To restore leadership that is aware of and cherishes our constitutional framework, which by design is meant to force compromise. It shouldn’t be hard because it is basic; but it will be hard.

To once again have a leader that assumes that Democrats and Republicans are not intractable enemies but competing friends. Leadership that recognizes the once-seminal American notion of the common good. It shouldn’t be hard because it is basic; but it will be hard.

To swing this pendulum away from the toxicity of our current moment, we must recognize the good in our opponents. These days, administrations are designed to vanquish opponents, and the axiom “elections have consequences” has become nothing short of a threat. We must turn away from this brand of poisonous politics, the kind of poison that has a president slinging insults like a bad comic at a cheap roast.

Yes, the pendulum swings, thank goodness, and the people themselves will show us the way out of here. If this sounds like the call to a new politics, it is. But it is just as much a call to a politics that is not at all new – to the best traditions of America – of true leadership and vision – of Lincoln’s malice toward none, and charity for all.

We will get through this, and when we do, our institutions will have been severely tested. Sometimes I tell myself – hopefully – that the pillars of our democracy have seen worse than us, and survived. (Perhaps I flatter us.) But it is the story of America that we will be better for the hard lessons of this experience. We are much better and more decent than Washington shows us to be. We are a good people. And we are a deeply resourceful and resilient nation, and our greatness is based on no one man – no one man who “alone can fix it,” but rather on enduring ideas of self-governance and the rule of law that have been a model for the world for centuries. Ideas that can be mocked, but not marred.

There are no high buttes in this town, but if there were, we could gain the high ground and survey the damage. But the thing about gaining the high ground is from up there you can see beyond the damage, too. You can see everything. That is the job before us – to get through this, and beyond it.


Thank you for having me here today.

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Tuesday, March 13, 2018

House Tries, Fails To Pass "Right To Try" Measure; Goldwater Institute "Extremely Disappointed"

Arizona Rep. Andy Biggs (R-CD5) was among a group of Republicans trying to pass a "Right To Try" bill through the House today. Though the vote was 259-140, it failed because a 2/3 majority was needed.

The legislation would have permitted terminally ill patients to obtain and take experimental medications that have not yet been approved by the FDA. It passed the Senate by unanimous consent last August.

Here is Biggs speaking passionately about the need for the bill.


32 Democrats voted in favor of the bill, including Arizona's Reps. Tom O'Halleran (CD1) and Kyrsten Sinema (CD9, running for Senate). Per debate, most Democrats opposed the measure for two reasons - that there is an FDA process for experimental approval and that the bill should not have gone through a fast-track suspension of the rules.

The Arizona-based Goldwater Institute has also been a prime driver of the Right To Try legislation. They immediately issued a statement saying they are "extremely disappointed", and asked for support to continue the battle at the state level. (38 states have passed their own Right To Try bills.)

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Thursday, March 1, 2018

BREAKING, UPDATE: UA Basketball (From Court To Court To Court) - Yesterday in Federal Court: Sealed Documents Filed, Judge To Update Protective Order

The White House has nothing on the University of Arizona mens' basketball program this week in terms of head-swiveling news developments. And, while today's focus is on the basketball court and the court of public opinion, there were a couple of things happening in District Court.

A pretrial conference was held in the government's case against UA's now-former assistant coach Book Richardson and the other defendants. After discussing the status of the case with attorneys for the defendants, Judge Edgardo Ramos determined that he would draft up "language for an amended protective order" and present it to the parties. This presumably would update how confidential material from the FBI's investigation is to be shared - and not shared.

There are no written motions to revise the protective order since it was last updated in December, so it is possible that some concerns were raised verbally yesterday by either the prosecutors or a defense attorney, in light of last week's ESPN story that the FBI has wiretapped conversations between Arizona Coach Sean Miller and defendant Christian Dawkins, in which they discuss payment for now-star freshman player Deandre Ayton.

Miller strongly denied the ESPN report, though the sports network is standing by its article - which cites only one source for the gist of the wiretapped conversation.

And, to add more mystery to the court proceedings in New York, the court docket also shows that two different "SEALED DOCUMENT(s) (were) placed in vault."

Arizona's Politics will decline to even write a heavily-conditioned sentence speculating on what those documents might contain.

The Arizona Board of Regents just concluded a meeting on the subject (in executive session), and announced that they back UA's decision that Sean Miller will remain as the Wildcats' head coach.



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