Virginia Libertarian

Just found this nice little web site for finding out where your candidates and challengers stand on the issues.  I don’t know if it covers any independants running in the races yet or not.

http://www.ontheissues.org

Thursday, 16 March 2006 15:24:00
President Bush gave some helpful advice to those having trouble figuring out the Medicare drug benefit plan.

President Bush held a town hall meeting at the Riderwood Village retirement community in Silver Springs, Maryland on Wednesday, in order to promote his Medicare prescription drug plan, the Washington Post reported.

One attendee asked the president what could be done to help her 75-year old mother understand the Medicare prescription drug plan. President Bush, with a straight-face, felt it was the woman’s problem to solve. “Look, I’m not going to tell you your business, but I think it’s your responsibility to help your mom.”

It never occurred to President Bush that it was his responsibility to ensure the Medicare drug plan wasn’t so complicated for seniors. A more appropriate discussion at Wednesday’s town hall meeting is why such a complex, incrediblely expensive boondoggle was created in the first place.

Ok, I think this has potential, but the way the ballots currently work (going on the assumption that they work as shown below) seems to be unfair to me.  The fact that the ballot shows John Smith listed twice would appear to give him an unfair advantage over Matt Jones, and I can see how this would cause people consternation.  I think there is a simple way to remedy this situation, that being to cast your vote for a candidate on one page/screen, and to choose which party platform separately.  On a paper ballot this may make it possible to cast a vote for the republican candidate, but put him under the democratic party, even if he was not on their ballot, but so what?  Using electronic voting it would be easy to filter which party you could select based on which parties endorse the candidate, but I don’t know that we would necessarily want to do that anyway.  Let the people have a choice as to which parties ideologies they want to choose.  I could want to vote for the Republican candidate, but endorse the democrats if I thought the candidate they put up stunk.  This would send a message to both the Republican candidate that he needs to be aware that he needs to take consideration of the democrats ideologies, and to the democratic party to pick someone better next time.

Poll after poll demonstrates that Americans are hungry for both "clean" politics and alternative political parties. Yet in our winner-takes-all election system, it is extremely difficult for third or minor parties to attract the votes necessary to have a meaningful impact on elections, let alone to elect enough policy makers to advance a legislative program. The only real impact that third parties typically have on elections is to "spoil", or pull votes from a less desirable candidate, causing their least desirable candidate to win.
Fusion, once legal in all states and commonly practiced throughout the country, occurs when a third or minor party combines forces with a dominant party or other smaller parties to run a single candidate on multiple party lines. It makes possible something that many citizens wish they could do: to cast a protest vote that counts without throwing the election to the candidate they find least desirable.
Fusion also allows minor parties to demonstrate in clear, measurable terms, the level of support they provide to a candidate, thus giving them greater influence with candidates, elected officials and major political parties in policy and legislative matters. Also, minor parties that use their ballot line to endorse the candidate of another party are powerfully motivated to educate, persuade and turn-out voters. Thus fusion becomes a tool for promoting greater participation in the electoral process as minor parties mobilize the electorate to achieve their aims.
How it works
Fusion makes it possible for more than one party to endorse the same candidate. As a result, voters can cast ballots for third-party candidates without spoiling election results. Here’s how it can work:

The votes are added together, and John Smith wins with 51% of the vote. But he also knows that without the support of the Working Families Party, he would have lost. And the Working Families Party presumably is able to influence John Smith’s platform, legislative initiatives and votes!

Here is a wonderful tool to see what your House Rep or Senator has been up to regarding bills:

http://thomas.loc.gov/bss/d109query.html

Here is a search for all of Cantor’s activity.

http://thomas.loc.gov/cgi-bin/bdquery/?&Db=d109&querybd=@FIELD(FLD004+@4((@1(Rep+Cantor++Eric))))

March 14, 2006

by John Hasnas

John Hasnas teaches ethics and law at Georgetown University’s McDonough School of Business and is the author of Trapped: When Acting Ethically is Against the Law.

Say you run a financial services firm that markets tax shelters to wealthy clients. Although the shelters are aggressive, you firmly believe they’re legal. Indeed, you have sent one of your tax partners to testify before Congress to that effect. The IRS hasn’t challenged the shelters in court, and no court has declared them to be illegal. Nevertheless, the Department of Justice has opened an investigation of your firm for tax fraud and indicted the partner who testified before Congress.

As a responsible executive, what should you do? Instruct corporate counsel to conduct an internal investigation to ensure that no law has been broken? Have the legal department begin to work on the corporation’s defense? Enter into a joint defense agreement with the partner under indictment? Advance the partner’s legal fees in accordance with the company’s policy of supporting employees sued for employment related actions?

Or should you have the corporation accept responsibility for tax fraud, officially declare that several of your tax partners engaged in unlawful conduct, refuse to enter into a joint defense agreement or advance the legal fees of any of these partners, fire those who refuse to cooperate with the government, waive the firm’s attorney-client and work product privileges, disclose all information that may incriminate your employees to the government, and agree to pay a several hundred million dollar fine? This, surprisingly, is the answer. Under current federal law and Department of Justice policy, it would be irresponsible management to attempt to defend the corporation or its employees.

The Thompson Memorandum spells out DOJ policy regarding indictments of corporations; and the federal Organizational Sentencing Guidelines determine the size of the corporation’s fine if convicted. Both consider how thoroughly the corporation monitors the behavior of its employees through its compliance program, and whether the corporation is willing to "cooperate" with the government. That’s the rub — because cooperation is defined in terms of "the corporation’s willingness to identify the culprits within the corporation, … to make witnesses available; to disclose the complete results of its internal investigations; and to waive attorney-client and work product privileges." Retaining suspected employees without sanction, advancing their legal fees and entering into joint defense agreements with them is evidence of lack of cooperation.

The Arthur Andersen case showed that an indictment can itself be a corporate death sentence. And corporations which do survive to stand trial can face potentially ruinous fines if convicted. Responsible managers will therefore do all they can to avoid either. But under the memorandum and the guidelines, the only way to avoid corporate indictment and reduce the firm’s financial exposure is to help the government prosecute your firm’s employees.

This situation confronts ethical business people with many difficult dilemmas. For example, most corporations solicit sensitive information from their employees by promising to keep communications made through employee "hotlines," or pursuant to the firm’s attorney-client privilege, confidential. But whenever such communications suggests possible criminal activity within the firm, the corporation must disclose it to the government or risk indictment and increased fines. The responsible manager must then chose between protecting the corporation and reducing its promise of confidentiality to a fraud.

Worse, conscientious managers cannot escape the dilemma by refusing to make a promise of confidentiality that they know they will have to breach. For by doing so, they would willingly forgo one of the most effective means of monitoring employee conduct. And under the Thompson Memorandum and guidelines, this would constitute a failure to have an effective compliance program, which would itself increase the firm’s exposure to indictment and enhanced penalties.

Similarly, managers who believe that they are ethically bound to respect their employees’ privacy must somehow square this obligation with the injunction to engage in sufficient "monitoring and auditing to detect criminal conduct."

Finally, the minimal demands of justice seem to require that employees be accorded a modicum of due process and not be subjected to adverse action in the absence of adequate evidence of guilt. But both the Thompson Memorandum and the guidelines require that a corporation accept responsibility for criminal conduct to be regarded as cooperating. Since corporations act only through their employees, accepting responsibility means declaring that its employees violated the law. How can managers give their employees a presumption of innocence while simultaneously declaring them guilty? How can they ensure that their employees receive due process while firing them if they choose to mount a defense, refusing to advance their attorney’s fees, and becoming part of the government’s prosecution team?

By coercing businesses into enlisting as deputy law enforcement agents, the government has decided to prosecute its war on white collar crime in a way that pits corporations against their own employees. This may make prosecutors’ jobs easier, but it is a poor way to encourage more ethical corporate behavior. Despite what DOJ may think, there is more to ethics than helping its prosecutors collect scalps.

Incidentally, my initial hypothetical is not a fanciful one. KPMG recently agreed to pay $456 million to avoid indictment for marketing tax shelters that have never been shown to be illegal. It also waived its attorney-client and work product privileges and is helping the government prosecute 17 of its former employees, including a tax partner it sent to testify before Congress. This help includes providing the government with all incriminating evidence in its possession and firing and refusing to advance the attorney’s fees of employees who defend themselves rather than cooperate with prosecutors. It also includes agreeing not to retain employees who say anything inconsistent with the indicted employees’ guilt, something that neatly precludes the accused from obtaining defense witnesses.

Legally, KPMG is on good grounds in taking these actions. Ethically, the case is considerably less clear.

This article appeared in the Wall Street Journal, March 11, 2006.