Haley Barbour’s previous position(s) on Mississippi’s health insurance exchange no longer a factor. This is Chaney’s baby now.

BY: B. Keith Plunkett

It’s terribly funny to see liberal’s contort as to how, as governor, Haley Barbour supported a state-run health insurance exchange. In their efforts to help pave the way for ObamaCare in Mississippi, some will call on the most feeble of arguments. Conservatives should get a good chuckle when Mississippi lefty’s are forced to refer fondly to a man they so loathed while he was in office.

To look at quotes from the former governor about the behemoth ObamaCare, and then to look at the actions he took in helping Insurance Commissioner Mike Chaney apply for $21 million in federal money to put together an exchange seems a perfect lesson in political contradiction. He seemed to be preaching one message to the public while trying to get money from the feds to Chaney for the opposite reasons. This little play is nothing new. We see it out of our representatives in Washington all the time.

The former “Guv-nuh” does seem to contradict himself from time to time. Two weeks ago he said Republican presidential nominee Mitt Romney had to give people a reason to vote for him, and then a few hours later he said Romney was smart for not laying out his policies. That’s a tight wire to walk for such a heavy set fellow.

So did Barbour support the exchange, or didn’t he? Yes. He clearly did support the idea of an exchange and went after federal money to start one, while saying he did not support the federal takeover of health care that is ObamaCare. It all sounds so Kerry-esque: I was for it, before I was against it.

But to all this I say, so what?

No one would say that Haley Barbour isn’t a factor in Mississippi politics. But, he hasn’t been Governor of Mississippi for over 6 months. Anyone who watches news knows he has been all over the country raising money for Karl Rove’s Crossroads PAC and playing national politics. He likely hasn’t spent more than 5 nights in Mississippi since Governor Phil Bryant took the reins as state executive in January. It’s no longer Barbour’s primary fight.

It’s ours, and this exchange is bad business for those of us still in Mississippi. Not because the exchange itself is a bad idea. But, because Chaney is now getting permission and advice from Obama’s Health and Human Services on how to set it up. That is the problem. It is compliant with ObamaCare, and it is compliant with the federal takeover of the right to our own personal and private decisions.

Chaney says the exchange will be run by Mississippians for Mississippians. That’s a catchy line. It fits on a bumper sticker. However, while I will dare a guess that no one thought President Obama would be sitting on the Mississippi exchange advisory board, it doesn’t mean it won’t be run by the federal government through carrot-and-stick dollars and mandates.

In essence, Chaney is doing the federal governments work for them. He is setting up the exchange and running it at Mississippi’s expense under an agreement that allows the federal government to change the rules, and eventually squeeze out private insurance through regulation. When all those companies are either out of business or part of the exchange program then we are one short step away from a single-payer system.

Small businesses will be “taxed” for not providing “government approved” coverage. The tax will be more cost effective and easier to pay while sending employees to the government run exchange. Those businesses that do try to follow the regulations and help hold on to their freedom will get squeezed tighter and tighter with red tape, taking up valuable resources that could be put into innovation and job creation. Little by little, the right to our privacy will be handed over to “government approved” insurance companies because the government says we have to do it or be “taxed”.

It is government extortion that would have thousands of new IRS agents collecting from citizens for the privilege of keeping their right to privacy. That is nothing more than thuggery with a badge.

Chaney is setting us up for all this while we still await the results of a case to be heard in October that was filed on behalf of Governor Phil Bryant, one that will likely have to go through several appeals. Chaney is doing this as many states stand up against this extreme violation of the tenth amendment. Meanwhile, even though he says nothing will be done until after November, the meetings of Chaney’s Mississippi exchange advisory board continue next month.

Some may attempt to win public approval for the exchange effort by calling the name of Haley Barbour. But, don’t be fooled. This is Mike Chaney’s doing. This is Mike Chaney’s exchange. This is Mike Chaney’s partnership with President Barack Obama to take away our right to private medical decisions.

And, whatever the outcome, it is Mike Chaney who will own it.

About Keith: Keith Plunkett has worked on communications issues with a range of public officials from aldermen to Congressmen, and a variety of businesses, governmental agencies and non-profits. He serves or has served as a board member of several non-profit, civic and political organizations. Contact him by going to HorizonMediaMarketing.com or follow him on Twitter @Keithplunkett

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Harrison: Speculation beginning for possible replacement to Senator Thad Cochran

It has been 1988 since there was an election for an open Senate seat in Mississippi.

It appears obvious that a lot of major politicians are assuming Cochran will not seek another term. And if he does, there most likely will be a great deal of gnashing of teeth — silently — from those politicians hoping to succeed the senator.

The most obvious would-be successor is Lt. Gov. Tate Reeves. Reeves, 37, has proven to be an aggressive and fearless politician. He ran for and won his first political office — state treasurer — before the age of 30. In his first year as lieutenant governor, political observers have been amazed at the control he has held over the state Senate where he is the presiding officer.

Of course, Reeves might be more interested in impacting state issues and might want to remain in Mississippi government. But if Reeves does want to venture off into national issues, an open Senate seat would give him that opportunity. In 2014, Reeves would be in the next to last year of his first term as lieutenant governor. It would make perfect sense for Reeves to pursue an open U.S. Senate seat.

It would make far less sense for Bryant — in the next to last year of his first term as governor — to pursue that seat.

For years, people speculated that Haley Barbour would be interested in serving in the Senate after finishing his second term as governor. The Yazoo City Republican said time and again he liked being in the executive branch of government and had no interest in being one of 100 senators.

Barbour said upon leaving the governor’s office in January that he had run for his last political office. With the controversy he has faced since leaving office over his pardons of about 200 felons, including those convicted of murder and sex crimes, Barbour is even less likely to want to pursue another elected office.

Plus, Barbour, 64, said he was not a suitable candidate to run for the U.S. Senate because Mississippi has a history of electing relatively young people who can serve in the Senate for decades and build up seniority.

Some viewed the age comments as a slap at Secretary of State Delbert Hosemann, who has been viewed as a potential candidate should Cochran step aside. Hosemann is about four months older than Barbour, but in fairness to the secretary of state, who is a runner, he is probably in much better health than the former governor who often jokes about his own weight issues.

Auditor Stacey Pickering, 43, is viewed as another potential candidate for an open Senate seat. And, of course, the state’s U.S. representatives, including Alan Nunnelee of Tupelo and Gregg Harper of Rankin County, might consider the post, though, the fact that the state’s other U.S. senator — Roger Wicker — is from Tupelo might make it more difficult for Nunnelee to pursue any open Senate post.

Former Lt. Gov. Amy Tuck, who has been out of political office since 2008, might be an interesting candidate. Mississippi is one of only two states to have never elected a woman to the U.S. Congress.

What is interesting is that all of the potential candidates I have mentioned are Republicans.

Are there no Democrats who would be viewed as serious challengers?

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Analysis: High stakes in Barbour pardons showdown

Legal experts say all states have some sort of pardon or clemency for people who violated state law. The U.S. president can pardon people charged under federal law.

In Mississippi, the governor has ultimate authority to pardon, commute or suspend sentences. That’s not the case in every state.

In neighboring Louisiana, for example, under the Constitution ratified in 1975, the governor has no authority to grant clemency without first getting a favorable recommendation from the Pardon Board.

Mississippi’s custom of using convicted killers and others serving long sentences as workers at the Governor’s Mansion is somewhat unusual. For decades, it was the custom of governors to grant those workers some type of early release. New Gov. Phil Bryant, however, has stopped the program.

As for the hearing Thursday, the Supreme Court has set aside one hour for each side to argue its case.

Matt Steffey, a constitutional law professor at Mississippi College in Clinton, believes Hood may lose his challenge because “the notification requirement is technical at best and trivial at worst.” He said the language about the 30-day notification was added to the state Constitution in 1890, and there’s no accompanying legislation.

“Absent legislation giving meaning to this provision, the governor’s interpretations and actions are presumptively binding,” Steffey said. “In the absence of a statute, there is a serious question about whether this notification clause is enforceable.”

Steffey said he understands why crime victims are angry at Barbour, but he said the reaction of some public officials has been disappointing.

In at least one interview, Hood referred to Barbour as “Boss Hog,” a reference to the stereotypical corrupt politician in the “Dukes of Hazzard” comedy TV show and movie. Steffey said such rhetoric tarnishes the office of the state’s top prosecutor.

“It seems a little unseemly that Mr. Hood expresses surprise about the maneuverings of ‘Boss Hog’ when the attorney general’s office was involved in the notifications in at least some way,” he said.

For some crime victims and their families, the emotional toll is crushing. Just ask the victims of David Gatlin.

Gatlin shot and killed his estranged wife, Tammy Ellis Gatlin, as she held their young child. Then he shot her longtime friend, Randy Walker. He survived. Gatlin was sentenced to life in prison in 1993. He eventually became a trusty at the Governor’s Mansion and was pardoned.

Walker’s mother, Glenda Walker, said Gatlin should still be in prison.

“I watch my son drip from the side of his face when he eats because of the bullet that went through his head,” she said. “This is messing with our hearts, with our emotions.”

Randy Walker said the Supreme Court should revoke the pardons.

“It says in black and white that they have to publish for 30 days,” Walker said. “If that doesn’t matter, then obviously there are other things in the Constitution that don’t matter. So I want someone to explain to me what does matter and what doesn’t matter, and if there’s stuff in the Constitution that doesn’t matter, then let’s get it out.”

Most of those pardoned by Barbour served their sentences years, or even decades, ago and only want to clear their names. Ten out of 198 people pardoned were incarcerated at the time the reprieves were issued. But convicted killers such as Joseph Ozment, who shot a man execution-style in a robbery, aren’t going to get much sympathy if the pardons are revoked, Steffey said.

Ozment has moved to Laramie, Wyo., and his attorney recently said he may not return to Mississippi despite a court summons and will fight for his freedom.

Hood has said he wants Barbour to pay for the legal actions and investigations related to the pardons. But if Hood loses his lawsuit challenging the pardons, the state could get sued.

“That is certainly a cause of action that exists, and it carries with it monetary damages,” said Cynthia Stewart, an attorney representing Azikiwe Kambule, 1 of the five pardoned inmates being held on a temporary restraining order. “We believe very much that he is entitled to this pardon.”

Kambule, of South Africa, was convicted of armed carjacking and accessory after the fact to murder. He was sentenced in June 1997 in Madison County, getting 30 years for the carjacking and five years on the accessory conviction.

Among the people who supported Kambule’s petition for a pardon are Thabo Mbeki, a former president of South Africa, and Archbishop Desmond Tutu, a Nobel Peace prize winner.

via Analysis: High stakes in Barbour pardons showdown – Acadiana’s News Leader.

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CL: Phil Bryant gets a pass on hospital tax

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Looks like Gov. Phil Bryant will be spared the all-out war that greeting former Gov. Haley Barbour when it came to imposing a state hospital tax to help fund Medicaid.

As The Clarion-Ledger has reported, Gov. Bryant says he supports renewing the state hospital tax because Mississippi can’t afford to replace the Medicaid money that would be lost if the tax disappears.

Medicaid, a government health insurance program, serves about 600,000 lower-income Mississippians, including seniors, pregnant women and children.

For every dollar Mississippi puts into it, the federal government pays almost three.

Some of the state funding comes from the hospital tax, which based on a complicated formula and is set to expire June 30.

Surprisingly, though, Bryant got a pass from what could have been a contentious funding battle recently when Sam Cameron, CEO of the Mississippi Hospital Association, said his group won’t fight renewal of the tax.

The tax gives hospitals predictability in their expenses, he said.

That’s a far cry from the MHA’s stance three years ago.

In 2009, Barbour insisted hospitals help fund Medicaid with $90 million in provider fees, commonly referred to as the “hospital tax.”

Barbour said that hospitals were forcing taxpayers to pick up that amount, adding: “There’s no pixie dust to be throwing around” to magically pay the bill.

Prior to 2005, 28 hospitals paid into what was called a Medicaid transfer program. Barbour contended he was merely resuming the fee.

It became a huge fight, but MHA eventually agreed to a lesser amount, allowing lawmakers to use federal stimulus funds to pay for Medicaid through 2011.

via Hospital tax: Still no ‘pixie dust’ | The Clarion-Ledger | clarionledger.com.

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(Please God! Make it stop!) Mississippi Supreme Court justices may eye Barbour’s pardons

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Anybody completely sick of this saga yet?

Thanks Haley . . . thanks a million.

Tom Fortner, the attorney for four of the five pardoned criminals who worked as trusties at the Governor’s Mansion, filed a petition Monday asking the Mississippi Supreme Court to give immediate consideration to the case.

Friday’s hearing before Hinds County (Miss.) Circuit Judge Tomie Green follows a Jan. 23 hearing where Green postponed her ruling on whether some of Barbour’s pardons violated the Mississippi Constitution.

Fortner hopes to stop Green from moving forward because he said it’s not constitutional for a judge to review a governor’s pardon power. If Green overturned the former trusties’ pardons Friday, they could land back in prison.

Fortner said Hood “doesn’t understand constitutional separation of powers — and he doesn’t want to understand it because if he does, he loses.”

Hood leveled a similar charge against his legal adversaries in a news release Monday.

“This is a sideshow by Tom Fortner and the former governor to divert attention from the fact that (Barbour) has loosed his favored murderers upon the public without any legal authority to do so,” Hood said.

The constitution requires an applicant to publish a notice in a newspaper for 30 days before a pardon is granted. Whether those publications were handled properly is the basis for Hood’s argument to overturn the pardons.

Fortner’s clients David Gatlin, Charles Hooker and Anthony McCray were convicted of murder, and Nathan Kern was convicted of robbery. The fifth trusty, also a convicted murderer, Joseph Ozment, was just located Sunday in Laramie, Wyo., and did not appear at the first hearing. Fortner has not been asked to represent him.

Hood defended his office’s involvement in the newspaper notice publication of the former trusties, calling comments Barbour made last week on national television “a misrepresentation.”

via Mississippi Supreme Court justices may eye Barbour’s pardons – USATODAY.com.

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PERRY: Keep the pardon

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As the legislature considers limiting the pardon, it should remember during the eight years of the Barbour Administration, 82 different Mississippi legislators introduced 180 bills to restore rights to those convicted of murder, arson, kidnapping, embezzlement, Medicaid fraud, armed robbery and other felonies. Barbour approved 86 of those bills. These were bipartisan efforts. Three of Barbour’s pardons were for individuals who already had their voting rights restored by the legislature (one approved by Governor Ronnie Musgrove).

One of those 82 legislators is House Democratic Leader Bobby Moak. Moak was asked on the program “On Point with Tom Ashbrook” whether this was about politics, as Barbour suggested. Moak said, “I’m going to be brutally honest, I think in the beginning it was about politics. But quickly within a twenty-four hour time period it became about people, it became about the citizens of the state, it moved way beyond politics.”

It was for just this reason – not the continuation of monarchy powers – the Continental Congress vested near absolute pardon power in the President. Our Founding Fathers feared the legislature would act too much on the passions of the moment and would not take individual responsibility like the President. Those are the roots of gubernatorial pardon powers.

Pardons can be powerful tools for justice: free wrongfully convicted, restore peace, reduce excessive punishment, correct politically motivated prosecutions, ensure cooperation in investigations or forgive morally justified crimes (civil rights champions). Why would we limit that power?

If Governor Phil Bryant wants a more rigid pardoning system, he should create an executive commission to make pardon recommendations similar to Barbour’s commission to review applicants for judicial appointments. That would retain the ultimate responsibility of the governor and not weaken the executive branch or threaten the separation of powers.

via PERRY/Keep the pardon – The Neshoba Democrat – Philadelphia, Mississippi.

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12 of Barbour’s pardons won’t be challenged

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Twelve ex-convicts who committed mostly non-violent crimes in 11 Mississippi counties no longer need to worry whether their pardons from former Republican Gov. Haley Barbour will stand.

“I feel like a weight’s been lifted,” said Barry Sanderson Jr., who served more than three years on probation for kidnapping in the late 1990s. He received a full pardon a week ago today. “I’m real grateful to Gov. Barbour.”

In a review of 181 files from the governor’s office, Attorney General Jim Hood found that 12 included evidence the applicants had met the constitutional requirement for requesting a pardon.

Hood said the five former Governor’s Mansion trusties released Jan. 8 did not meet the requirement, and neither did five pardoned criminals still being held in prison on a court order. Barbour has said his office sent notices for the former trusties on time.

via 12 of Barbour’s pardons won’t be challenged | The Clarion-Ledger | clarionledger.com.

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Curbs on AG’s hiring counsel have historical precedent

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Claims from Democratic lawmakers that Republican legislation aimed at changing the state’s outside counsel process for the attorney general’s office is “retaliation” against Attorney General Jim Hood‘s stance on former Gov. Haley Barbour‘s controversial pardons ignore a substantial amount of Mississippi legal and political history.

State Rep. Bob Evans, D-Monticello, called Senate Bills 2084 and 2102 “retaliation” against Hood against fighting Barbour’s “release of over 200 Mississippi felons, including murderers, rapists and child sex offenders” at the end of Barbour’s gubernatorial term. The legislation would limit fees outside counsel attorneys can receive from contingency fee contracts with the state. Current law places no limits on attorney’s fees in such suits.

“This retaliatory stunt couldn’t come at a worse time,” said Evans. “At this moment, General Hood is working to recover tens of millions owed to the state’s retirement system, now is not the time to tie his hands.” Evans went on to assert that Hood had recovered over $500 million for state taxpayers that “didn’t cost taxpayers a dime.”

But the fact is that the furor over outside counsel contracts has been raging long before Barbour was elected governor and the legislation filed this session had absolutely nothing to do with the pardons.

The outside counsel fight has been ongoing in Mississippi since the late Gov. Kirk Fordice and former Attorney General Mike Moore battled over Mississippi’s $4.1 billion tobacco settlement.

Current Republican Gov. Phil Bryant, while serving as state auditor in 2006, filed suit to get back $14 million in legal fees from the state’s MCI-Worldcom lawsuit – claiming the legal fees belonged to the state and must under law be appropriated by the Legislature. Current Republican State Auditor Stacey Pickering carried on the Bryant lawsuit.

via Curbs on AG’s hiring counsel have historical precedent | The Clarion-Ledger | clarionledger.com.

Bryant passes first test with high marks

Bryant’s openness and his clearly articulated standard for pardons is welcome and will serve both he and the people of Mississippi very well.

The governor has seized this important moment to lead the new Legislature toward meaningful reform in the pardon and parole process.

To restore public confidence in the system, Bryant proposes that “very narrow guidelines” for pardons or clemency be placed in the state Constitution.

His actions should unite the many legislators on both sides of the political aisle who have voiced the need for legislation to address the problem spotlighted by Barbour’s pardons at the end of his term.

via Bryant passes first test with high marks – Editorial – SunHerald.com.

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Pardons: Bryant on the right track

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Newly inaugurated Gov. Phil Bryant seems to be on the right track in rejecting the trusty clemency policy followed by his predecessor, Gov. Haley Barbour.

But an individual policy by an individual governor is not be the best way to address the issue.

Barbour is still facing a firestorm of criticism in the wake of granting clemency to more than 200 criminals as he left the Governor’s Mansion.

The issue has overshadowed the first days of Gov. Bryant’s administration which normally are something of a honeymoon for a new governor.

Instead, Bryant, who was sworn in to office last Tuesday, had the spotlight on his inauguration diverted by the news of the pardons the next day. He has now had to repudiate the trusty policy, and is “working towards phasing out” the use of any violent offenders at the mansion, according to his spokesperson Mick Bullock.

“The day Phil Bryant was sworn in, the Mansion trusty program ended in its antiquated 50-year-old form,” Bullock said.

It’s a safe bet those words will be remembered when Bryant leaves office, if any pardons are issued.

via Pardons: Bryant on the right track | The Clarion-Ledger | clarionledger.com.

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