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Three Books Prompting Thoughts on Civility
It’s great to be here with you tonight to talk about everything from civility to what it is like to be in the minority. And let me tell you, after 10 years in the House of Delegates, I know a lot about what it feels like to be in the minority.
I believe, of course, that the primary role of the minority is to become the majority. But beyond that, minorities have a special role to play in how political discourse is conducted. In my view, just saying “no” is not enough. To be sure, we have a key role critiquing the majority-in-committee, on the floor, and in the public, and using the weaknesses in their positions to draw distinctions. But we are also aware that we have a key role in how political discourse will be conducted. If all the minority does is to constantly roll hand grenades into the middle of the room, we will miss a great opportunity. There are, of course, times when we must take the offensive and that surely irritates the majority. But the way that we do it is important, not only to making our points, but also setting the stage for how we handle debate when we resume majority, as we inevitably will.
When you are in the minority, you sometimes feel you are starving for attention. So you seize every opportunity and resort to gimmicks – anything that makes things more interesting. For example, props. The ability to use props and charts is unique to the house chamber, and frankly speaking, it makes the house a much more interesting place to debate than in the senate where such props are prohibited. Well, tonight we are not on the house floor, but I brought some props.
So let’s start with one which will get the attention of my friend, Kirk Cox. He is a Yankee fan, and all I need to get his attention is to wave this Red Sox cap in front of him. If we didn’t do things like this, Kirk would simply fall asleep watching a succession of 67-33 votes. Hell, I would fall asleep too.
So tonight, in honor of the House, I brought you some props in the form of books for summer reading. Don’t worry, these books are all very quick reads, unlike Thomas Piketty’s Capital, which remains on my bedstand for use in helping me get to sleep at night.
So, what do I have? First, let us start with a book on Jefferson. Would you expect anything else from one of the delegates who holds the seat once held by Jefferson in the House of Delegates? The book is called Democracy’s Muse: How Thomas Jefferson became an FDR Liberal, a Reagan Republican, and a Tea Party fanatic, all the while being dead. There are great takeaways from this book – not the least of which are some wonderful Jefferson quotes. For example, Jefferson once wrote “If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be.” This, of course, was from the letter he wrote to the House of Delegates in 1816 to convince them to create the University of Virginia. Historical note, especially for Dick and Bryce (and senators) – the Senate had little power at this time – it couldn’t even introduce bills. Oh, for the good old days! For Jefferson, creating UVa wasn’t an easy sell; it took years for the Commonwealth to approve this plan. Good thing they did. Go hoos!
Over and over again, Jefferson’s quotes are used for all kinds of purposes. Many are twisted. For example, the quote displayed on the t-shirt worn by Timothy McVeigh as he carried out the Oklahoma City terror bombing in 1995, read “the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” Twisted to be sure because Jefferson never viewed his statement as a call-to-arms or rebellion. In fact, he was using it as a part of his condemnation of Shays’ Rebellion in Massachusetts in the 1780s.
Many quotes are attributed to him that he never said. How about this one: “if your government is big enough to give you everything you want, it is big enough to take everything you have.” According to Monticello scholars, Jefferson never said it. And, this one: “My reading of history convinces me that most bad government results from too much government.” He never said that either. How about, “the Bible is the source of liberty”? Nope. “That government is best which governs least”? Nope – that’s Henry David Thoreau.
The book also puts into perspective the political discourse of our day. When we think about a dysfunctional congress and negative campaigning, we need to realize that in the first years of the Republic, all was not hearts and flowers. For example, during Jefferson’s numerous campaigns, rumors were spread about all kinds of his personal and romantic activities, some of which later proved actually to be true. Similar comments were made and directed at John Adams, Jefferson’s chief antagonist at the time. How ironic that they became close to each other after they both left the presidency.
But even after all of the attacks, Jefferson extended the olive branch to his opponents – sought to bring people together. In his first inaugural, he not only emerges as a conciliator, but as the ultimate rationalist. Let me quote, “every difference of opinion is not a difference of principle. We are called by different names brethrens of the same principle. We are all Republicans. We are all Federalists.” What an amazing thing to say after the divisive 1800 election! What a uniquely american thing to say!
But he went further, I quote, “If there be any among us who would wish to dissolve this union or to change this republican forum, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left to combat it.” Reason would triumph over the error of opinion. That is so Sorensen!
With that comment, I move to the next book worthy of reading. This is also written by a Virginian, Stephen Nash, who is a science writer. It’s entitled, Virginia Climate Fever: How Global Warming Will Transform Our Cities, Shorelines and Forests. The book provides us with a number of sobering facts and challenges us to embrace a course of scientific consensus that global warming and climate disruption is being caused by human activity. There are shocking facts in this book that are worthy of our consideration in Virginia. For example:
- Sea level rise was about 6.7 inches throughout the last century. The rate in the last decade is double that.
- Seventy-eight percent of all Virginians live within 20 miles of the Chesapeake Bay, the atlantic, or tidal rivers
- over 600,000 people live within 6.5 feet of sea level.
Some scientists predict 1 foot of sea level rise by the year 2050, a change that would bring momentous and expensive change to Tidewater Virginia, pushing salt water onto roughly 40 square miles of dry land, and that doesn’t even account for possibilities of tidal surges during serious storms.
I go on and on, but that is a partisan speech that can wait for another day (I have props for that too.) But the big concern that I draw from this book – and one which I hope you will consider – is how we got to the point in this country where we no longer trust our scientists. (t didn’t used to be this way. In America, we revered our scientists. They helped end World War II, put a man on the moon, and eliminated all kinds of serious disease. This skepticism in science is relatively recent – really over the last decade, and is a trend about which Jefferson would be deeply troubled. If Sorensen can do anything, I hope it can explore how we can restore respect for how empirical data can inform political discourse and sound social policy. We used to have a high regard for scientists in this country. The debate on climate change seems to be eroding that.
And, finally, I wish to bring a book to your attention written by Jason Grumet, president of the Bipartisan Policy Center in Washington. City of Rivals offers practical steps for how to govern a polarized nation and tries to restore our faith in government and the ability to get things done. And while Grumet has a lot of tangible steps that can help increase public participation in the electoral process – things as structural as changing the way we do redistricting and ease of voting to encourage political opponents simply to share a meal or a drink together, he raises two very fundamental questions.
First, are we electing and appointing people who actually want to work together? Second, can the “best and brightest” in our society be attracted to government service? I submit that the jury on those two questions is still out. I would like to think that in Virginia we are still electing people who actually want to get things done, but what about the long term?
Part of the answer can be found right here in this room and in the mission of Sorensen – to recruit the best and the brightest and help them develop both the skills and the relationships necessary to work together and get things done. Sorensen knows that the essence of people learning to work together and get things done involves the slow and steady process of building relationships and trust. We have more of this than you would think in Virginia, but not as much as we had and certainly not as much as we need. And without constant rededication to this task, we will only generate greater polarization and fewer opportunities for change that enriches all of our lives. If we can get it right in Virginia, we will have a competitive advantage because there are so many other places which are going in the opposite direction.
In conclusion, then, I again congratulate Sorensen for all of the fine work that is it does and in so doing, let me leave you with the words of John F. Kennedy, who seized upon Jefferson so many times during his presidency and who said that, “we must remember that civility is not a sign of weakness and sincerity is always subject to proof.” So, here’s to Sorensen, summer book reading, Jefferson, and the fellowship borne out of sharing a meal and a drink.
Vetoes, the Ethics Bill, and a Three-Day Session
The House and Senate returned to Richmond on Wednesday, April 15, 2015, for our annual “Reconvene Session” or “Veto Session.” This is typically a day-long event, as the General Assembly considers the Governor’s vetoes and any amendments he might want to make to various bills passed during the regular session. (Unlike Washington, D.C., the executive in Virginia has the ability to make changes in portions of specific legislation without vetoing an entire bill.)
The Governor proposed 17 vetoes on a wide variety of measures, and all of them were sustained by one or both chambers. To sustain a governor’s veto requires only that 33 percent of those voting to agree with the governor. If so, the veto stands and the bill does not become law. Among the vetoes that were sustained were several bills that would have made modification in legislative district lines, a bill that would infringe on the Board of Education’s authority to adopt curricula for public schools, a bill that would have prevented local governments from contracting with private business to require higher wages and benefits as a condition of doing business with that locality, several gun expansion bills, the so-called “Tebow bill” (providing special privileges for home schooled children to access public school sports and extracurricular activities), and a bill that would have required people who seek absentee ballots to provide photo identification in order to receive them. I voted to sustain every one of the Governor’s vetoes.
The Governor also proposed a number of line amendments to bills that were passed this past winter. Most of those changes were technical and drew no controversy. Several, however, were more substantive. Most notable of them involved the bill that would have prevented the use of certain surveillance equipment by law enforcement. This sparked a lively debate on the House floor and produced some strange bedfellows. The ACLU and the Tea Party argued that law enforcement should be able to use surveillance equipment only upon obtaining a warrant. Many of us were concerned, however, that such a position might make it more difficult for police to conduct investigations, or for dashboard cameras and body cameras to be used to protect citizens against overzealous police enforcement efforts. The bill began as an effort to prevent law enforcement agencies from keeping the data received from reading license plates for an indefinite period of time. It was transformed into a full-blown prohibition against the use of certain kinds of surveillance video. If you look at incidents like the Boston Marathon bombing, the recent South Carolina police shooting of an African-American male, and even the Hannah Graham case, you can see how important surveillance video and dashboard cameras can be in determining what happened in a specific incident. Fortunately, our arguments prevailed and the Governor’s amendments that permit continued use of these video surveillance techniques were passed; the bill now only applied to license plate readers. At the same time, the ability of law enforcement to keep data generated from license plate readers was limited to seven days, a time period which I believe is too short, but is certainly better than the indefinite period of time that they had been able to keep the data at present.
We had also thought that we would vote on a series of amendments to the ethics package that has been passed in the winter. At the last minute, however, concern developed that the bill’s provisions requiring a $100 gift ban were not written tightly enough. You may recall that the Governor issued an Executive Order when he came into office preventing the administration from accepting gifts in excess of $100 per year from lobbyists or anyone who did business with state government. The legislature did not accept this approach last year, but the Governor kept pushing, and we now have passed such a ban. This will still allow legislators to be taken to inexpensive lunches and receive gifts such coffee cups or an inexpensive bottle of wine as a token, but would prevent the kind of excesses and inappropriate gifts that we saw in the McDonnell case. It will also allow gifts to be received from friends. The gift ban almost fell apart at the last minute, as some suggested that the language was not tight enough. Given the desire to fix the bill, we had to use some procedural maneuvering that had not been used in over 20 years and required us to return to Richmond on Friday, April 17. We got what we wanted, that is, the $100 gift ban. Many of us hope and believe that this action will allow some restoration of the public trust that had been lost in the aftermath of the McDonnell trial.
With the legislative session now over, we return to our districts, constituent service and to our day jobs. It is an election year and many of us are readying ourselves for fall campaigns. I will announce my intentions soon.
If you want to hear more about the General Assembly session, or have issues you wish to discuss, Senator Deeds and I are holding two town hall meetings, one on this Tuesday, April 21, at 5:30 p.m. at PVCC, and the other on Tuesday, May 5, from 5:30-7:30 p.m. at the Northside Library. You can sign up to participate on Facebook or call our offices, 434-220-1660 or 434-296-5491.
Sincerely,
Update on ABC / Martese Johnson Case
April 1, 2015 – Given the interest in the Martese Johnson case, I want to provide you an update of my understanding of its status. Like many of you, I was very disturbed to see the graphic photos and watch the video of this recent incident at the UVa Corner. Many of you have seen my recent statement, and have heard a number of comments I have made about prospective legislation that can remove the ABC agents from enforcing laws that more properly should be province by local law enforcement. Most of you know by now that the actions at the UVa Corner were taken by ABC agents and not by the Charlottesville or University police departments.
Since this incident, several important events have occurred:
- The Governor immediately called for an investigation and administrative review. An administrative review is conducted by the Commonwealth’s office of Professional Standards. It is my understanding that the same office and the same personnel investigated the Elizabeth Daly incident several years ago.
- Very significantly, however, the Commonwealth’s Attorney for the City of Charlottesville, Dave Chapman, immediately requested a criminal investigation. That request has been fully supported by the Governor’s office and will be conducted by the State Police Bureau of Criminal Investigations. This is significant because it is a higher level of review than occurred in the Daly case. A Professional Standards administrative review looks at the law enforcement documents as they find them. Very little additional inquiry occurs; rather, the investigation focuses on whether the law enforcement personnel conformed to Professional Standards. A criminal investigation is a much higher level of inquiry and involves interviewing and collecting evidence from a wide variety of sources. This is significant because it is a higher level review than the Daly case, and I think it reflects the sensitivity and concern that many of us have about this incident.
- Also, unlike the Daly review, the Governor issued an executive order requiring the ABC to review its process, and authorized creation of a group that will determine what, if any, statutory changes need to be made. The Governor’s order requires retraining of ABC officers and the development of memoranda of understanding (MOU) between ABC and local police departments. So far as we know, there is presently no such MOU between the Charlottesville police department and the ABC. We know that some of the Charlottesville police officers knew that the ABC agents were working the Corner that night, but it was an informal notification and one that I do not believe went to the leadership of the police department. The Charlottesville police department does not have “veto power” on whether the ABC can conduct an investigation, and that is certainly one of the issues that would need to be defined in any MOU. Secretary of Public Safety, Brian Moran, is in the process of determining who will be on the review board. There are many persons who have interest in this and it will be a statewide panel. I expect that there will be student representation from UVa on the panel, but we will have to see.
- I understand that the restaurant involved in this incident has a hearing forthcoming for alleged violations of ABC regulations. That is something worth monitoring.
- There has been a suggestion that ABC agents be equipped with body cameras. That is an issue that is being discussed by the Commonwealth Preparedness Panel, who will likely report out in the next six months.
- Martese Johnson appeared in the Charlottesville General District Court on March 26, 2015. This was a “first appearance” and usually nothing happens on those court dates. It is not uncommon for a trial date to be set the way it was in this case. The trial date has now been set for May 28, 2015, to enable the State Police to complete their criminal investigation in this case. I doubt that any decisions will be made about prosecuting the case until the investigation has been completed.
I have heard many calls to immediately dismiss the charges against Mr. Johnson. While this certainly seems reasonable given what many of us have seen, it is not likely that any decisions will occur in this case until the criminal investigation has been concluded. It is very important for eyewitnesses to come forward with any information that they saw that night or to provide names of people with whom they have come into contact that might have information related to this incident. If they have such information, they can call the Virginia State Police at 804-674-2000.
I will try to keep constituents informed about other developments as they become available to me.
Sincerely,
David Toscano
P.S. In 2014, I introduced HB 922, a bill to prevent ABC agents from using or threatening to use deadly force in the arrest or detention of a person suspected of underage drinking. The bill was tabled on a voice vote by the Committee on General Laws. I expect to introduce legislation this year to again address problems with the ABC.
Appearance on CNN
On March 20, 2015 I was on CNN to talk about the ABC situation and steps the General Assembly should consider to ensure these situations do not happen again.
https://www.cnn.com/videos/us/2015/03/20/tsr-dnt-todd-uva-arrest-controversy.cnn
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