Haley Barbour: Deflector-in-Chief

Deflector Shields at Maximum, Governor

Another Republican controversy, another chance for former Governor Haley Barbour to come out of hiding. This time, he has come to the assistance of New Jersey's Republican governor. By now many of us are aware of an investigation taking place in that state over whether the governor and/or his staff abused their offices to punish political opponents.

“The liberal media is chasing this story as if it’s the Lincoln assassination and writing baloney about him being a bully,” Barbour said. “I think his effusive personality and enthusiasm is and will be an asset, and as he continues to lead, people will look back at this and shrug.”

The issue in the Garden State notwithstanding, Barbour has no high ground on which to stand. Again.

Barbour suggests that if all a leader has to do is have a flamboyant personality, the ends justify the means. He is no stranger to this style of leadership. For eight years, he put on a good show for the press, and the electorate bought what he was selling. He tried to make us feel good without having to justify anything he did. It's like pointing a flashlight against a wall while distracting a cat. Sometimes the distractions do not work.

It is well documented that moments before leaving office, Haley Barbour issued numerous pardons to convicted murderers and child molesters. In those instances, the "liberal media" (whatever that is) asked questions of Barbour about why he felt the need to take such reckless action. It seemed like such a simple request. Bear in mind that Barbour is the one who let assassins (to borrow from his quote) go free. In typical Barbour form, he shrugged, blamed the press, and went about his business.

Thanks to David Frum at The Daily Beast for the link

I wanted to take a second and thank David Frum at The Daily Beast for linking to my post about the Pardongate killing the other day.  I appreciate it, sir.  Keep up the good work.

Update to Pardongate killing

I have just learned that the prosecutor who saw to it that Wayne Harris was convicted of sale of marijuana was none other than Atty. Gen. Jim Hood.

Harris is under investigation for shooting and killing another man last night in Calhoun County.

BREAKING: PARDONGATE KILLING

Reports out of Calhoun City this morning indicate that the Wayne Harris who shot and killed Chris McGonagill last night in Calhoun County is the same Wayne Harris who was pardoned by Gov. Barbour a year ago. Harris had been convicted of sale of marijuana, which made it illegal for him to carry a gun.

CNN blows doors off Barbour's pardon of drunk driver

Wow.  Just...wow.  Those of you who have followed Haley Barbour's Pardongate closely will recall the story of Harry Bostick, a three-time DUI offender who was sitting in jail on a probation revocation when pardoned by Haley Barbour.  The nutshell version is that Bostick had obtained his third DUI in five years, making him a felon.  He was on parole for his third DUI conviction (the felony for which he was pardoned) when he was involved in an accident in which Charity Smith of Okolona, Mississippi, was killed.  Of course, Bostick was driving drunk during the accident.

Despite national outcry, no changes likely to Mississippi's pardon process

When he ruled Amendment No. 1 to Senate Bill 2195 not germane to the legislation, Speaker Philip Gunn (R-Clinton) became the latest in a long line of Republicans who have have denied modification to Mississippi's pardon process, a process that drew nationwide scrutiny following then Governor Haley Barbour's pardon of hundreds of Mississippi felons in January.

Among the bills that were killed during the 2012 session were House Bill 27, a measure that would require the parole board to provide a non-binding recommendation on pending pardon requests; House Bill 29, a measure that would prevent murderers from serving as trustys; House Bill 36, a measure that would require pardon applicants to give notice to local law enforcement officials so that a public hearing could be arranged; and House Bill 182, a measure that would make certain offenders ineligible for additional earned time.

It will be interesting to see if Governor Barbour's pardons coupled with his party's unwillingness to work with Democrats to develop any meaningful reform will create problems for legislators in districts where some of the more notable crimes occurred. 

Randy Walker, a victim of one of the recipients of a Barbour pardon had this to say last week, "The elected officials sit in their air-conditioned offices and collect a check we provide.  They're not listening to the voice of Mississippi."  Expect to hear more statements like this one when legislators are back on the ballot.

Rep. Jessica Upshaw (R - Diamondhead) and Speaker Philip Gunn (R - Clinton) team up to kill pardon hearings

Two days ago, I mentioned that Rep. Jessica Upshaw (R - Diamondhead) raised a point of order in an attempt to kill the Baria-Moak Amendment on SB 2195.  The Baria-Moak Amendment would require a public hearing before a pardon could be granted.  Had such a law been in place prior to former Governor Haley Barbour's Pardonpalooza in January, the public would have at least been aware that a large number of people were seeking relief from Barbour.

Rep. Jessica Upshaw (R - Diamondhead) tries to kill public hearing requirement on pardons

Just now, Rep. Jessica Upshaw (R - Diamondhead) has just entered a point of order on the Baria-Moak amendment that would require a public hearing before a pardon could be granted.  The amendment has been set aside for the moment.  If Speaker Gunn's lawyers grant Rep. Upshaw's point of order, the amendment will be dead.

Considering that the Republican leadership has killed every single last piece of legislation that would prevent something like Barbour's Pardongate from happening again, I doubt the amendment will make it far.

Pending amendment would require public hearing before pardons can be granted

Rep. David Baria (D - Bay St. Louis) and Rep. Bobby Moak (D - Bogue Chitto) have offered an amendment to the Parole Board extension legislation that would require a public hearing before any pardon may be granted.  It will be interesting to see how the vote goes.  The amendment is being debating at this moment.

Attorney General Hood sets the record straight on Barbour's attempt to shift blame for Pardongate; says Barbour is "a desperate man"

Here is the full text of a press release from the office of Attorney General Jim Hood:

It is unfortunate that former Governor Barbour has made some misrepresentations about the role of our attorney assigned to the Mississippi Department of Corrections. At no time did our Assistant Attorney General assigned to MDOC advise the Governor or any of his assistants that there was no requirement for publication. The comments by former Governor Barbour are a shameful attempt to deflect blame for his office’s failure to confirm that the requirements of the Constitution had been met.

First, the special assistant attorney general, David Scott, who the governor has supposedly relied upon, has only one client, the DOC; he is housed there and works together daily with the Commissioner of Corrections, Chris Epps. He is the MDOC lawyer. Scott is not counsel to the Governor who had his own three staff attorneys advising him.

On November 28, 2011, Scott texted Daryl Neely with the governor’s office and said, “please refer to Section 124 of Constitution regarding pardons and notice”. So, the governor and his staff and his attorneys were given the law at that time and had plenty of time to make sure publications were done properly before his term expired. So what did the governor and his staff do? Nothing. In fact, Daryl Neely told David Scott on November 29th that the governor’s staff had discussed the Constitutional publishing requirements and “decided it wasn’t necessary.”

Not until December 6, after 5:03 p.m., (31 days before the pardons were issued), did Neely text back to David Scott that ““top guy” wants to go ahead and run notices” for mansion trusties, and a few minutes later provided a list of names. The next day, December 7, 30 days before the pardons were actually issued, David Scott confirmed for his client, MDOC, that MDOC would take care of publication for the in-custody inmates. David Scott’s job was to advise MDOC, and their job is to run prisons, not to issue pardons.

Neither David Scott, nor the AG, nor any AG staff ever talked to an inmate or provided legal advice to an inmate. At the direction of DOC, David Scott did in fact refer the Governor’s Office to Section 124, which the Governor chose to ignore. Later, David Scott passed along the ‘Top Guy’s” last minute request that MDOC do the task of getting the publications done.

Finally, the Constitution puts the duty on the convict to make the newspaper publication, saying “no pardon shall be granted until the applicant therefor shall have published for thirty days, in some newspaper in the county where the crime was committed…his petition for pardon….” The failure to comply cannot be excused because the governor took it upon himself and an agency he controls to do the required publications, then botched the job. And his attempt to shift the blame for his failure to a career staff attorney for MDOC, who advised him well in advance of the law’s requirements, is shameful .

I am disappointed to see the former governor out in the national media making untrue statements. This is a sideshow by Tom Fortner and the former Governor to divert attention from the fact that the former Governor has loosed his favored murderers upon the public without any legal authority to do so. These untruths and mischaracterizations are indeed the sign of a desperate man.