Categories
News The Fly-By

Black, White, and Red

Last week, I was surprised to hear Councilwoman Barbara Swearengen Ware say she was embarrassed by the way the City Council was acting. Actually, I was surprised to hear her say that she was a member of an honorable body, too, but that she was embarrassed about it was the real shocker.

Why? Well, it was her reasoning. Ware wasn’t embarrassed about members of the council being indicted on federal bribery charges or a very public investigation into one council member’s $16,000 delinquent utility bill. She was embarrassed that members of the council were still concerning themselves with the employment of beleaguered Memphis Light, Gas and Water president Joseph Lee.

Naturally. It’s not like MLGW is a city division or anything and that the council might have an interest in how it is operating.

In a heated committee meeting last week that split along racial lines, the council once again talked about what it could, and should, do about Lee. At issue were two proposals: a resolution by Carol Chumney accepting Lee’s March 1st letter of resignation and one put forth by Jack Sammons asking Lee to resign.

But in reality, everything seemed to be at issue.

Brent Taylor told Chumney he might agree with her resolution, but he didn’t like the way she presented it. She responded tartly, “If I’m out of order, so be it.”

Ware reminded council chair Tom Marshall that he asked for the independent investigation into MLGW’s special treatment of Edmund Ford, not the full council.

Dedrick Brittenum told Marshall that the proposals were being handled in the wrong committee.

Joe Brown told Chumney, a popular mayoral candidate, that she was using her council position for political gain.

“You can’t use your elected office to promote yourself. You’re in a gray area, and at times, you do violate that gray area,” he said. “You can’t even have the staff send out faxes about ‘Coffee with Carol.'”

And that was all before things got really ugly.

Ford, looking throughout the meeting like the cat who ate the canary, said to Marshall, “I don’t have a prejudice bone in my body, but I know you do” before making a reference to white sheets and saying he was going to draft a resolution to remove Marshall from his position as chair.

“It’s a personal issue. It’s a black and white issue,” said Ford. “I don’t know what you’ve been promised, but I want you to leave me alone. I’m not the one.”

And, in a typically long-winded speech, Brown said that the council discussion was setting race relations in Memphis back 50 years. He referenced the recent sentencing of Dale Mardis, the white car-lot owner who pleaded no contest to second-degree manslaughter for killing black code-enforcement officer Mickey Wright. When Mardis was sentenced to 15 years, family and friends of Wright were outraged.

“There’s something coming,” said Brown. “We wouldn’t want a civil disturbance.”

And people wonder why Memphis has a hard time keeping up with its sister cities. This isn’t a time to see black and white; if anything, it’s a time to see red.

The issue is possible malfeasance and a lack of public trust in the utility’s leadership, not race. But by making it a question of color, the council continues to damage its own credibility.

And for what purpose?

To remove Lee, the council would have to draft charges against him and essentially hold court proceedings to establish cause. Even then, however, there is no certainty that it is within the council’s authority to fire Lee.

The council approves the mayor’s appointees; it doesn’t generally remove them.

But in the monthlong brouhaha that surrounded the scandal, there simply wasn’t enough political will to even try to fire Lee, leaving the council in a surreal tug-of-war last week between asking a man who has already resigned to resign or accepting a resignation that isn’t the council’s to accept.

When it came right down to it, neither resolution passed in full council. Lee is still working at MLGW, the council never resolved anything, and the city stuck debating between what’s black and white and what’s right and wrong.

And to me, that’s just downright embarrassing.

Categories
News The Fly-By

What To Watch

Earlier this month, while walking to her car, a University of Memphis graduate student was stabbed in the thigh and robbed. Campus security cameras caught the attack on tape, and a few days later, Zachariah Judge and his girlfriend/accomplice Valerie Jones were arrested.

Though the camera was installed by the U of M, that crime-fighting tactic may soon spread across the city. Last week, Memphis mayor Willie Herenton requested the City Council earmark $700,000 in next year’s budget for a Memphis Police Department (MPD) Real Time Crime Center. The center would combine video surveillance with sophisticated data systems and software.

“We’ll have Sky Cop cameras, which have the capability of triangulating gunshots,” says MPD spokesperson Vince Higgins. “Say there’s a camera posted on Tennessee Street and a shooting occurs within a block of the Flyer office. A Sky Cop camera would sense where that shot came from. It would then turn to that area and that video would feed into the Real Time Crime Center.”

Officers stationed in the crime center headquarters, to be located at the Urban Child Institute at 600 Jefferson, will be able to watch the footage on a large video wall. Officers could even be dispatched to the location before anyone calls to report the shooting.

“The cameras are totally mobile. They’ll be posted throughout the city where the need is greatest,” says Higgins. “That will be determined at our weekly Blue Crush meetings when we’re pinning down crime hotspots.”

Other cameras designed to spot stolen car tags will be placed on patrol cars.

“The camera will read tags as it passes cars, so even if the officer is preoccupied, the cameras will notify the officer that the car or tag is stolen,” says Higgins.

But the Real Time Crime Center encompasses more than video surveillance. Using special software, police will receive instant information on recent criminal activity in a radius around a crime, existing crime patterns in the neighborhood, and a history of people with arrest records who may frequent the area.

“Investigators headed to the scene will have the ability to take that real-time information gathered from all those sources,” says Higgins.

The New York City Police Department (NYPD) has been operating its $11 million Real Time Crime Center since 2005. The center draws information from New York state criminal records, parole and probation files, as well as city criminal complaints, arrest records, and 911 calls. MPD director Larry Godwin toured the NYPD facility last December.

With Blue Crush databases already in place, Higgins says much of the work for the local Real Time Crime Center is complete.

“Instead of buying someone’s software to get this started, we have people on our staff who are able to write the software specific to Memphis,” says Higgins. “We’re not buying a system that was used in New York and then trying to make it work in Memphis.”

Though Herenton requested $700,000 from the city, additional funding for the center is expected to come from grants.

Categories
Opinion The Last Word

The Rant

Iraqis and Americans alike were stunned by the audacity of Senator John McCain’s heavily publicized (and heavily armed) excursion through Baghdad’s Shorja market last weekend. There was the leading proponent of the war on Capitol Hill, setting out to confirm his recent claim that the escalation of U.S. forces is greatly improving conditions on the ground, accompanied by a handful of congressional colleagues. He seemed to think nobody would notice that their little shopping trip also included a platoon of soldiers, three Black Hawk choppers, and two Apache gunships.

Neither the Iraqi merchants used as props in this strange exercise nor the American voters who were its intended targets could possibly have been deceived by such a charade. So the question that inevitably arises is whether McCain & Co. are still attempting to dupe us — or whether they have finally duped themselves.

Consider the happy talk from Representative Mike Pence, an ultraconservative Indiana Republican who has visited Iraq on several occasions. At the press conference that inevitably followed the Shorja photo op, Pence said he had been inspired by the opportunity to “mix and mingle unfettered among ordinary Iraqis,” drinking tea and haggling over carpets. To him, the Baghdad shops were “like a normal outdoor market in Indiana in the summertime.” Senator Lindsey Graham, another McCain sidekick, boasted of buying “five rugs for five bucks,” marveling that “just a few weeks ago, hundreds of people, dozens of people were killed in the same place.”

Then they climbed back into the armored vehicles that served as their tourist buses and returned to the Green Zone.

Aside from the theatrics of the Shorja excursion, however, the message delivered by McCain, Graham, and Pence was scarcely different from what each of them usually says after visiting Iraq. In February 2005, for instance, when McCain made his famous trip with Senator Hillary Clinton, he claimed to believe that “the dynamic [of the war] has changed from Iraqi insurgents versus the U.S. … to Iraqi insurgents versus the Iraqi government.” Back then, he declared himself “far more optimistic” than he had previously felt, adding: “I think we have an opportunity to succeed.”

According to McCain, there is always an opportunity to succeed, provided that we are willing to sacrifice more young Americans and hundreds of billions more dollars. But then again, this is a man who thinks we didn’t expend enough lives and dollars in Vietnam — although he would be hard-pressed to explain why the world would be better today if 100,000 Americans and another million Vietnamese had died in that war.

As for Pence, the only conceivable purpose of his latest trip was to pick up those rugs. His sunny comments were as predictable this time as when he visited Iraq in September 2005, when he told The Indianapolis Star that spending two days there had convinced him the United States was “winning the war.” General John Abizaid, then the commander of U.S. forces, had assured him there was a viable plan and that the plan was working, all of which Pence dutifully repeated to the folks back home.

On this trip, none of these jolly politicians mentioned the rise in killings across Iraq during the past month. None of them even seemed aware that the temporary reduction of violence in Baghdad appears to have driven even greater carnage outside the capital — such as the bombing in Kirkuk that slaughtered a group of schoolgirls the same day that Graham and Pence got their bargain carpets.

Even if the “surge” succeeds in suppressing violence in Baghdad for a few weeks or months by pouring in tens of thousands of American troops, what would that mean? Do McCain and his colleagues actually believe that we can somehow provide enough soldiers and Marines to achieve the pacification of every city and town in Iraq? If so, how long would our troops be expected to police the terrorist incidents and revenge attacks that now occur every day in this civil war?

Congressional hawks like McCain echo President Bush’s complaint that the Democrats are undermining the war by seeking to set a date for an American withdrawal. They insist that the war’s critics should simply shut up and send more money and more soldiers while we see whether this “plan” works better than the previously discarded plans.

But the truth is that the president and his echoes are merely playing for time with American lives. They have no plan because there is no military solution to this war. The war propaganda doesn’t work any better than the war plan — which is why the Democrats have been emboldened and why McCain’s presidential prospects are rapidly declining.

Joe Conason writes for Salon and The New York Observer.

Categories
Cover Feature News

Game On!

In the course of his rounds on Monday, Memphis mayor Willie Herenton was preparing to leave City Hall for an engagement across town when it was discovered that the Toyota van in which he is normally transported from place to place had a flat tire. So His Honor had to cancel out. Figures.

It hasn’t been a good week for the mayor, nor a good month, nor, for that matter, a good year. Herenton began 2007 at the Convention Center with one of those traditional fustian ventures with which the city’s four-term mayor, for better or for worse, honors attendees at his annual New Year’s Day prayer breakfast.

The mayor, an alpha male if there ever was one, annually contrives to bestow upon the gathered media and masses something dramatic, the latest installment of the Big Picture — be it a declaration of war against his City Council or an affirmation of his chosenness by God or merely another vow to pursue the elusive goal of city/county consolidation.

This year was different. This year, Herenton unveiled a proposal that merely mystified his audience. He proposed to raze the Mid-South Coliseum, the Liberty Bowl, and what remained of the Libertyland grounds to pursue an extensive redevelopment of the Fairgrounds and its environs around a brand-new “state of the art” football stadium. Estimated price tag? $200 million, to be financed by a bond issue.

Skeptics immediately pointed out the “been there/done that” aspect of building a stadium at the Fairgrounds and the fact that the NFL, for which such a thing might serve as bait, had bypassed Memphis for Nashville years ago. One of the chief boosters of the University of Memphis, banker Harold Byrd, argued convincingly that the university, the chief acknowledged beneficiary, would gain more from an on-campus stadium.

Even the disbelievers assumed that there was method to the madness, however, and that behind the mayor’s proposal had to be some group of far-sighted social engineers or maybe just a cabal of self-interested developers looking to profit from what would be a socially useful scheme. In the fullness of time, it was thought, the “invisible hand” of these sponsors and the nature of their plans might be made clear.

But no plans have emerged, nor has any group of identifiable prime movers. Truth be told, once the mayor’s proposal was up the flagpole, nobody saluted it.

Quite as much as the city’s on-again/off-again credit rating and its sputtering economy, its ever-frightening crime statistics (to give the mayor his due, he has also proposed buffing up the police force), and the aura of corruption and favoritis that hover over city government, the unsatisfying vagueness of Herenton’s stadium proposal may have galvanized what would seem unmistakably to be a concerted reaction against him.

Two weeks ago, the Flyer published the general findings of two independent polls which showed that the incumbent’s approval rating had slipped badly among both blacks and whites and that Herenton was running behind maverick City Council member Carol Chumney.

Perhaps that was on the strength of Chumney’s consistent opposition to the governmental status quo and perhaps it was merely because her name recognition and public profile are (so far) greater than those of ex-MLGW CEO Herman Morris and former Shelby County commissioner John Willingham, two other opponents of record.

In the aftermath of the general public shock, The Commercial Appeal commissioned and published its own poll, which corroborates the earlier findings.

Beyond doubt, Mayor Willie Herenton, once regarded as “mayor for life,” now faces real challenges to his reign.

“I honestly think the mayor is a great leader, as able now as he ever was and totally deserving of reelection” was the almost wistful appraisal this week of Jon Thompson, an entrepreneur who served in Herenton’s first term as head of the now-dormant Wonders series. “But in the course of time there’s a fatigue that settles in, and that’s what happening to him, I think.”

That bottom line is encountered frequently among members of the city’s financial elite, not all of whom are as loyal or appreciative in their views as is Thompson.

It is no secret, in fact, that there is an ongoing effort among a number of established movers and shakers, many of them contributors to the mayor’s hefty campaign war chest (estimated to be as high as $600,000) to draft as a successor to Herenton his longtime friend and former campaign chairman, Shelby County mayor A C Wharton.

In those same early polls that demonstrated Herenton’s vulnerability, the easygoing Wharton fared demonstrably better than his Memphis counterpart. A survey commissioned by well-connected businessman Karl Schledwitz and performed by established pollster/strategist John Bakke reportedly showed Wharton’s “negatives” to be only 8 percent, as compared to Herenton’s whopping 51 percent.

Wharton has publicly acknowledged that he is the object of continued pursuit from well-placed advocates for his candidacy (telling the Flyer, however, that he wouldn’t “kiss and tell”) and has said pointedly that he would not run against Herenton. At the same time, he has made clear his interest in running if the Memphis mayor should, for any reason, not be a candidate.

One member of the local political establishment who has actively proselytized for a Wharton candidacy, whether or not Herenton remains in the field, says that the county mayor promised him a definitive answer “in 30 days.” Asked this week when that conversation took place, the would-be Wharton supporter reflected and realized to his surprise that the 30-day time period was ripe for expiration.

Even as pressure is mounting on Wharton to declare his availability, so too is Herenton being given broad hints to consider withdrawing. The progression of unflattering polls, together with an increasingly rampant public speculation about his vulnerability, makes for increased pressure — but also for increased resistance.

Echoing the general feeling among those who know the mayor well, Thompson said, “I can’t imagine his giving in to public pressure.” Says another friend: “He’s too stiff-necked. The more people insist, the more he’ll resist.”

Then there’s Sidney Chism, former Teamster leader, former Democratic Party chairman, a power broker in his own right, and historically the mayor’s chief ally out in the rough and tumble of practical politics. Said Chism this week: “Wait ’til I get through. Everybody’s got a plan until they get hit.”

What Chism’s threat means in practice might vary from opponent to opponent. But there’s no question that Herenton, the towering former Golden Gloves boxing champion who once boasted, “I never got beat, once I got my growth,” has not once gone down for the count since he entered public life.

Not as a rising school administrator in the late 1970s who forced a reluctant school board to name him the first black superintendent of Memphis City Schools and, hit by both a sexual and an administrative scandal, survived more than one purge attempt before leaving the job on his own terms; not as the contender who outlasted several other African-American worthies (including one A C Wharton, then the Shelby County public defender) to become a consensus candidate for mayor in 1991; not as the underdog who, as down in the polls then as he is now, overtook highly favored incumbent mayor Dick Hackett to become — by the slim margin of 142 votes — the first elected black mayor in Memphis history.

And there was 1999, when Herenton, running for a third term, was challenged by a well-credentialed multi-candidate field that included then city councilman Joe Ford. Now chairman of the Shelby County Commission, Ford was a well-liked representative of Memphis’ proudest and most politically powerful clan — one which then numbered in its ranks a congressman, a state senator, a county commissioner, and — most importantly — former U.S. representative Harold Ford Sr., whose command of inner-city loyalties was considered incontestable and whose political organization and patented election-day sample ballots were the means by which candidate after candidate got elected.

It had become axiomatic, an urban legend of sorts, that Herenton himself would have been beaten by Hackett on his first mayoral try in 1991 but for the last-minute all-out intercession on his behalf by the senior Ford, who, so went the story, put aside his natural feelings of rivalry to make political and social history.

As the inevitable tension between himself and the Fords asserted itself over the years, Herenton was determined to disprove that piece of conventional wisdom. He wanted it known that he could win altogether by himself, indeed had won the prize on his own. Having Joe Ford as an opponent gave him an opportunity. The mayor would turn the young councilman into a straw man.

And so it came to pass. In the very first forum involving the two of them, Herenton waited until Joe Ford started floundering on an answer to someone’s question and then called out to the candidate’s older brother in the audience: “Harold, you got to do a better job of getting this boy ready!”

“Boy”? Herenton had already used that unnerving signifier, especially insulting in the macho-conscious black community, to dismiss another opponent, then county commissioner Shep Wilbun. Candidate Ford seemed flustered at the insult and never quite recovered his aplomb in that race. Both he and Wilbun went down hard, along with the rest of a fairly star-studded field whom the mayor, in his election post-mortem with the Flyer, would dismiss as “clowns.”

Just as during his pugilistic youth, the mayor seems to relish the opportunity for mano-a-mano combat.

A case in point was Herenton’s statement last month in an interview on the historic black radio station WDIA. Asked about opponent Herman Morris, who had just announced his candidacy for mayor, Herenton responded thusly: “I want the world to know, there’s a man up in here in City Hall. If they’re looking for a boy, they identified one in Herman Morris, but he ain’t going to enter this gate.”

Once again, “boy”, the telltale epithet. And “gate”? The archaic, quasi-epic sound of that word was counterpointed ironically by its frequent use these days as a suffix to scandal.

The mayor has been equally blunt in dealing with the challenge from Chumney, whose first-place finish in this month’s raft of polls has energized her campaign and buoyed her hopes.

Back in February 2005, the first-term councilwoman was busy building a profile as an outspoken people’s champion, unafraid of tangling with the mayor or her council mates or anybody else in government. That her adversaries considered her an opportunist did not detract from the fact that she was amassing a following and seemed bent on running for city mayor this year.

At the close of a well-attended affair at The Pyramid that month, in which Herenton had presented his latest plan for city/county school consolidation, Chumney began a long discourse of her own, the point of which seemed to be that the mayor’s plan resembled consolidation proposals she had made during her earlier unsuccessful race for county mayor in 2002.

She had reached the point of reprising her decision not to solicit campaign money from developers when Herenton cut in: “Miss Chumney, I don’t think we need this shit,” muting the last word only a little, and continued on, “I don’t feel comfortable going through and hearing all this political dialogue and stuff.”

After Herenton’s remark prompted a walk-out in protest from councilman Brent Taylor, normally a Chumney antagonist, the mayor continued: “I don’t need to hear about her political campaign where she lost,” and, looking straight at Chumney, added, “You’re gonna lose the next one too.”

So far the third well-known candidate in the mayor’s race, Willingham, has escaped such direct fire from Herenton. But this is due as much to the former commissioner’s relatively dim prospects as measured by the polls as it is to any gallantry or forbearance on the mayor’s part.

But has Herenton, whose political style, like his pugilistic one, has been equal parts brawler and artful dancer, finally begun to wear down in the late rounds? Have the blows finally begun to take their toll? The evidence of the polls reinforces what so many had anecdotally sensed beforehand.

Aside from where they stand right now, what are the prospects of this year’s crop of aspirants?

Greg Cravens

Carol Chumney: Can she really own a double-digit lead over the mayor, as suggested by the CA‘s survey? If so, her standing is testament to the value of single-mindedness. Somewhat to the scorn of her detractors and to the admiration of her mainly grass-roots backers, lawyer Chumney seems at times to have no life other than her public one.

Upon taking office in 2004, Chumney began a steady round of “town meetings” and “coffees with Carol.” Modestly attended in the beginning, these have attracted larger crowds in tandem with her rise in public consciousness as a steady critic of the governmental buddy system, of budgetary excess, and of a variety of boondoggles. (She was instrumental, for example, in publicizing the notorious — and now repealed — city pension plan that allowed full retirement benefits after only 12 years of service.)

Her decision to take on both the mayor and the council, coupled with her go-it-alone style, led directly to an ostracism akin to that which she endured through most of her 13-year service as a member of the Tennessee House of Representatives from Midtown. But her determination did earn her a brief stint in the Democratic leadership in Nashville, and she would ultimately carve out a reputation there as a child-care reformer, heading up a special children’s services committee.

The mere prospect of Chumney being elected mayor has ensured that the usual suspects among zoning lobbyists have attended her fund-raisers. Still, she is cash-poor compared to Herenton and has less visible support among likely big-ticket donors than does rival Morris. Add on the fact that her very independence scares defenders of the status quo, who see her as reckless. Her strengths are also her weaknesses.

Herman Morris: Well-spoken and armed with professional accomplishments as a lawyer and as head of MLGW (where he was forced out by Herenton in 2003), Morris was something of a draftee candidate in his own right. He has been taken up by such exemplars of the Republican Party establishment as political veteran John Ryder, but his chorus of admirers extends also to the ranks of Democratic activists and to the likes of Russell Sugarmon, the venerable, respected civil rights pioneer who retired last year as a General Sessions judge and now heads Morris’ campaign.

Despite his stewardship at MLGW and an earlier prominence as lawyer for and chairman of the local NAACP, Morris’ public profile has been remarkably low. Insofar as the general public has noted him at all, it was for his MLGW service — a tenure which came back to haunt Morris when, just as Joseph Lee, a Herenton appointee, began taking heat for over-indulging the utility bills of Councilman Edmund Ford and other highly placed deadbeats, the mayor’s backers leaked evidence that Morris had kept a courtesy list of his own.

Still, Morris seems to be running within a hair’s breadth of Herenton, and his seemingly apolitical style can be misleading. As he noted recently, he is a veteran of most of the early political campaigns of the city’s African-American pathfinders — those of Sugarmon, A.W. Willis, Otis Higgs, and others.

John Willingham: No one gives the former commissioner much of a chance, and the polls, which show him trailing well behind the others, seem to agree.

However, he is now acquiring some overdue recognition for some genuine muckraking accomplishments: More than any other public figure, for example, Willingham did his best to call attention to what are generally recognized now as the weaknesses, and worse, of the city/county deal with the Memphis Grizzlies.

Long before the scandal erupted concerning misallocation of federal and state funds to build a for-profit parking garage for the Grizzlies’ management at FedExForum, Willingham was noting discrepancies between what public contracts called for and what was being built. His past career as an engineer was a help in that regard. Willingham, who has also been a barbecue maven and once served as an official in the Nixon administration, is something of a Renaissance man, in fact.

“Crimes have been committed,” Willingham avers, and he intends to prove the fact during his mayoral campaign. Even if his own campaign efforts should come to naught, he is in a position to do the incumbent mayor some harm. And, before his chances are discounted absolutely, it needs to be remembered that until the very end of his victorious 2002 commission race against Morris Fair, a generally esteemed incumbent, Willingham was largely disregarded there, too.

A C Wharton et al.: There is a general feeling, settling into a consensus, that the mayoral field is still incomplete. The same consensus holds that Wharton, the choice of most of those yearning for an alternative to Herenton, would be a slam-dunk winner if he chose to enter the race.

Meanwhile, there are reports of others advertising their credentials — unknown quantities as well as known ones. Only next week will it even be possible for candidates, those already in the field and those yet to be identified, to pull qualifying petitions from the Election Commission.

But there is no doubt about one thing. Willie Herenton, the erstwhile “mayor for life,” will be fighting for his political life — if indeed he remains in the mayor’s race at all.

Categories
Opinion Viewpoint

Catch-485

All you have to do is answer “yes” or “no” to one simple question. Okay, the question is a teeny bit complicated, with 81 words, more subordinate clauses than IRS instructions, and a kicker that could get your terrorist-sympathizing ass kicked out of the country.

But hey, if you’re a red-blooded American, then what are you scared of? You Muslim immigrants, on the other hand, might want to pass. Ready? Here it is:

“Have you ever engaged in, conspired to engage in, or do you intend to engage in, or have you ever solicited membership or funds for, or have you through any other means ever assisted or provided funds for, or have you through any other means ever assisted or provided any type of material support to any person or organization that has ever engaged in or conspired to engage in sabotage, kidnapping, political assassination, hijacking or any other form of terrorist activity?”

Of course, you’re not a terrorist. You’re probably not even an immigrant. And if you were, you wouldn’t have a problem with this. Would you?

But wait. Ever sent $20 to the American Civil Liberties Union, which proudly defends all manner of criminal scum, losers, degenerates, and less-than-100-percent Americans? Or to one of the liberal arms of the Methodist, Unitarian-Universalist, Congregationalist, or Baptist churches? Or to an Orthodox synagogue? Or to the Black Panthers or Greenpeace or Students for a Democratic Society back when you were in college? Gotcha.

The question appears on an immigration document called an I-485, a petition for permanent resident alien status in the United States, commonly known as the green card.

If you answer “no” but the government thinks you’re lying for whatever reason, it can have the FBI’s Joint Terrorism Task Force investigate you. If it finds that you “have ever engaged in, conspired to engage in, etc.,” it can criminally indict you, lock you up, give you a pair of tan prison pajamas, and deport you.

That’s what happened last week to 34-year-old Bassam Darwishahmad, or “Sam Darwish” as he was known to his neighbors and acquaintances in Germantown and Collierville where he sold cars and bought and sold houses after fixing them up. He is being deported for his association with a Palestinian group when he was a young man.

Darwishahmad, who is tall, fair-skinned, and reed-thin, pleaded guilty Tuesday in federal court in Memphis to one count of making a false statement on the I-485. He was locked up on February 26th. In exchange for his plea, two other counts on his indictment were dropped and he will be immediately deported, never to return legally to the United States. Glancing backward at his Tennessee-bred wife, who was sobbing on the back row of the courtroom, he quietly answered “yes” when U.S. district judge Jon McCalla asked him if he understood the consequences of what he was doing.

Darwishahmad came to the United States in 2001, got married, raised a son, and did not get arrested until this year. The government was prepared to show that as a teenager in Palestine, Darwishahmad was recruited by Fatah, which the U.S. government classifies as a terrorist organization. In 1990, he tossed a grenade-like bomb at a bus of Israelis and threw a Molotov cocktail at Israeli soldiers, later lying that he had only thrown rocks at them. Fatah wanted him to bomb an Israeli police station on the West Bank, but he never did.

Rehim Babaoglu, a Memphis attorney who specializes in immigration cases, said he was not surprised at Darwishahmad’s deportation, once the Fatah connection, however long ago, became known. Darwishahmad clinched his fate by lying on the I-485 form. Babaoglu said whether to deport or prosecute “is a policy decision among prosecutors” and varies from state to state. The U.S. Justice Department under President Bush has made immigration violations a priority.

“If they can’t get you on a criminal charge, they get you this way,” Babaoglu said.

Previous criminal prosecutions of illegal immigrants in Memphis have included a Syrian-American marriage-scam mastermind and a University of Memphis student with an unusual interest in airports, pilot gear, and flying jet planes.

So remember: Right here in Memphis, your government is watching. And think carefully about the forms you sign.

John Branston is a Flyer senior editor.

Categories
Politics Politics Feature

Federal Case

Senator Lamar Alexander made two things clear during a stop in Memphis last Thursday: 1) that he’s running for reelection to the U.S. Senate seat he won back in 2002; 2) that he’s determined to do so from the political center, with minimal concessions to the orthodoxies of the Bush administration.

Both in remarks made to a sizable crowd of well-wishers at the Oaksedge Center in East Memphis and in the course of an interview afterward, Republican Alexander issued what sounded at times like a virtual declaration of political independence.

On Iraq, for example: “We need to get out of the combat business and into the support business,” the first-term senator and former governor said. Alexander said, “We’ve got to get the Iraq Study Group report off the shelf and use it for something other than a bookend.” The report, by a blue-chip bipartisan panel, advocated staged withdrawal from active combat operations in Iraq.

Of the current flap over the firing of eight U.S. attorneys by Attorney General Alberto Gonzales: “The administration is guilty of excessive partisanship. And the Democrats are guilty of excessive partisanship in response.”

On Bush’s recess appointment of Sam Fox as ambassador to Belgium, bypassing Senate confirmation: “The president has the right to do that sort of thing, but it’s inadvisable. Maybe if they [the executive branch] want to take some of our powers, we should take some of theirs.”

In his remarks to the crowd, Alexander pointedly reminded them of his experience as governor of Tennessee, when, he said, bipartisanship was the rule — beginning in 1978 when Democratic governor Ned McWherter helped get a newly elected Alexander sworn in early. That was to forestall potentially illegal pardons of state prisoners by his Democratic predecessor, Ray Blanton.

“I want to be one of the grownups who can work across party lines in the Senate to get things accomplished for people’s benefit,” said Alexander, noting that he and Connecticut Democrat Joe Lieberman have been presiding this year over a weekly bipartisan breakfast in Washington.

“We need to spend more time like this, working together on what really counts, and less time on petty, kindergarten games,” Alexander said. “I believe the most recent election was as much about the conduct of business in Washington as it was about the conduct of the war in Iraq.”

Recalling McWherter’s 1978 statement, “We are Tennesseans first,” Alexander said. “I’d like to hear a few more people in Washington say ‘We are Americans first.'”

Asked about the presidential prospects of his former Senate colleague from Tennessee, Fred Thompson, Alexander smiled and said, “The less he does, the more the buzz.” Thompson, who now stars in TV’s Law & Order, has acknowledged an interest in running but has so far taken no steps to do so. As Alexander, himself a two-time presidential candidate, noted, a significant draft effort is now under way, however. “I heard from my former Iowa campaign director who was interested in Fred.”

• Memphis’ 9th District congressman, Democrat Steve Cohen, availed himself of the current congressional recess to make a round of appearances in his home district.

At one such stop, last week’s Martin Luther King memorial awards dinner at the Convention Center, a Cohen invitee, Representative Maxine Waters (D-CA) extolled her Memphis colleague as “a real congressman … a real progressive” and made a point of calling him “brother” from the dais of the event. For a white man serving a predominantly black district, the remark by Waters, a highly respected African-American member, can only be helpful at reelection time next year.

Cohen was back at the Convention Center on Tuesday of this week as the featured speaker of the downtown Rotary Club. Like Alexander, Cohen, who voted with the congressional majority for a bill establishing a timeline for American withdrawal, viewed with alarm the prospect of continuing combat in Iraq. “We won the war. We’re in an occupation. We can’t win an occupation. We’re not on the scoreboard,” he told the Rotarians.

The congressman, a member of the House Judiciary Committee, also took note of the continuing local furor concerning what appears to many to have been much too light a sentence for Dale V. Mardis, who pleaded guilty in Criminal Court last week to the murder of code-enforcement officer Mickey Wright. (See Editorial, p. 18). In a plea-bargain arrangement, Mardis got 15 years for a crime that included dismembering Wright’s body, burning it with diesel fuel, and disposing of it across the state line in Mississippi.

“Mr. Mardis deserves more time,” said Cohen, who expressed the hope that federal prosecutors would initiate their own look at the crime to find other grounds, perhaps denial of Wright’s civil rights, on which to try Mardis. He said he had already begun working on federal legislation of his own that would criminalize the act of transporting a body across state lines to dispose of it.

• Longtime civic activist Mary Wilder was elected unanimously by the Shelby County Commission Monday as interim state representative from House District 89.

Wilder, 57, manager of a home-repair program for MIFA and a longtime member of the Vollintine-Evergreen Community Association, has been frequently mentioned over the years as a potential candidate for public office. Most recently, she was a candidate for the city Charter Commission last year. Though she will evidently serve for the duration of the current legislation session, Wilder will not seek the permanent seat, which was vacated recently when District 89 representative Beverly Marrero was elected to the state Senate.

Democratic and Republican primaries for District 89 will be held on Thursday, May 31st, with the general election following on Tuesday, July 17th. Kevin Gallagher and Jeannie Richardson are known Democratic candidates; so far, no Republican candidate has announced.

Filing deadline for that election will be Thursday, April 19th; withdrawal deadline with be Monday, April 23rd.

• Five veterans of the political world are apparently the finalists for the Shelby County Democratic delegation to choose from as new county election commissioners.

Shep Wilbun, former Juvenile Court clerk and a veteran of the Memphis City Council and the Shelby County Commission, is one of the five names to emerge from a meeting of the delegation in Memphis last week.

Others are current election commissioner O.C. Pleasant, who served several years as chairman of the body; Myra Stiles, a former longtime commissioner; Joe Young, a political veteran who, among other things, was for some years a field rep for former state Democratic chairman Jane Eskind; and Norma Lester, who is the current secretary of the Shelby County Democratic Party. The group of five was winnowed down from some 15 original applicants for the three positions available for Democrats.

One dissenting member of the delegation, however, said the list was not of finalists per se, contending, “It’s vaguer than that. It’s had to say exactly what the list represents.”

The original deadline for the Democrats to select the party’s three commissioners was April 1st; there was no word on when a final selection will occur. Republicans will return their two current members, Nancye Hines and Rich Holden.

• So what else is new? As reported last week, the Shelby County Democrats have a new chairman, for one thing. And last Thursday night chairman Keith Norman presided over his first formal meeting of the new party committee.

That’s when déjà vu set in: Committee member Jennings Bernard offered a resolution to expel newly elected lawyer Richard Fields from the committee on several grounds, including Fields’ public intervention in last year’s general election on behalf of Republican candidates for various offices. Fields was pressured into resigning from the committee in early 2006 for his legal work on behalf of Republican Terry Roland‘s challenge of the legitimacy of Democrat Ophelia Ford’s election to the state Senate. Norman set next month’s committee meeting as an occasion for voting on the resolution.

Categories
Opinion

The Big Dance

The government showed its Tennessee Waltz playbook in the Roscoe Dixon trial last year, but prosecutors face a few more obstacles as they try to convict John Ford.

The X-factors include Ford himself, his attorney Michael Scholl, bagman Barry Myers, controversial U.S. attorney general Alberto Gonzales, and the Justice Department’s public corruption prosecutors in Nashville, who have Ford under a separate indictment.

In many ways, of course, the trials will be more alike than different. Prosecutor Tim DiScenza will play obscenity-laced audio and videotapes of Ford wheeling and dealing with an undercover FBI agent pretending to be an executive of E-Cycle Management. The payoff picture will be shown from different angles. Jurors will hear how the phony company was created and the role played by informant Tim Willis. Willis and the FBI agents who pretended to be free-spending E-Cycle executives will testify.

But Ford is an iconic name in Memphis politics, and he was a genuine leader in the Tennessee Senate. Dixon, on the other hand, was a plodder and secondary figure even in the estimation of his friends. He bumbled through an appearance on the witness stand, and his lame alibi and inconsistencies made him easy prey for DiScenza. The shrewdness that made Ford a self-described consultant with a high-six-figure income could also make him a formidable defendant, whether or not he chooses to testify. His reputation as a big talker given to outrageous overstatements might actually help him fight the three counts of his indictment that accuse him of threatening Willis.

Scholl has the benefit of learning from the trials of Dixon and Calvin Williams, a former Shelby County employee who was also convicted. Dixon’s attorney, Coleman Garrett, opened with the entrapment defense. Dixon went off in another direction when he took the witness stand. Based on pretrial motions, Scholl will apparently argue that Ford considered the money he got from E-Cycle to be a legitimate consulting fee.

The key witness against Dixon was Myers, described as being “like a son” and “protégé” to the senator. Myers, who did not begin cooperating with the FBI until the Tennessee Waltz indictments became public, was the bagman for Dixon and others. On secretly recorded tapes with E-Cycle bigshots, Myers calls Ford “the big juice” and one of the “heavy hitters” in the legislature. But Myers was not as close to Ford as he was to Dixon. As far as we know, Myers was not Ford’s bagman. Nor is some other bagman waiting in the wings to testify against Ford. It appears that Ford did his own collections.

In the year since Dixon went to trial, the political climate has changed. The Justice Department has taken a pounding from Democrats, who now control Congress, and some Republicans. Last month, it came to light that Gonzales was involved in the firing of eight federal prosecutors, including Bud Cummins of Little Rock. A Republican, Cummins said he resented the misstatements about the firings more than the dismissal itself and believes the Justice Department has lost credibility.

Gonzales is due to testify before the U.S. Senate next week, if he survives that long. Ford jurors will be instructed not to read or watch news during the trial, but Scholl may have an opportunity to suggest that Ford was politically targeted as a Democrat.

Dixon jurors were introduced to the concept of “predication” or predisposition to commit a crime. “You can’t go out trolling for public officials, can you?” DiScenza asked an FBI agent, who explained that Tennessee Waltz began as an investigation of Shelby County Juvenile Court. Jurors heard tapes of Dixon and Myers discussing bribes for helping a dental clinic (for which Dixon was not indicted) to show he was predicated.

In the minds of many Memphians, John Ford was predicated by being John Ford — a fast driver and big talker with marriage problems and expensive tastes. But that won’t cut it in court. Prosecutors will have to be careful not to trip over their own colleagues in Nashville.

In 2006, Ford was indicted in Nashville in connection with his “consulting” payments from companies doing business with the TennCare program. The indictment pushed Ford’s trial date back to April to allow Scholl to review hundreds more documents. Nashville prosecutors will only say that their case will follow sequentially the Memphis Ford trial.

(Check www.memphisflyer.com for regular trial updates.)

Categories
Opinion Viewpoint

Tax Season

“I hate to be the one to remind you, but pretty soon it’s going to be April 15th — tax time. You know what I am saying? Are you ready? Well, you know when something like this happens, New Yorkers always try to put the best face they can on a situation. For example, the hookers in Times Square: For an extra $50, they will handle your extension.” — David Letterman

The best part of spring just ended — the NCAA basketball championship and the Masters. Now comes the bad part — pollen and tax time. This year, we are measuring pollen by the inch here in Atlanta, but it is not near as annoying to me as paying this idiotic government’s ever-increasing taxes.

April 15th is when people like Kevin Federline have to answer awkward questions like “Occupation?” George Bush should have to answer a similar question: “Why Occupation?” (In the most expensive political/social-science course of all time, we have spent $500 billion just so our government could learn that Shiites and Sunnis will never ever get along.)

The Republicans, who say they are the party of limited government, created the second-largest entitlement of all time with the prescription-drug-coverage giveaway. As it turns out, the giveaway was mostly to drug companies who, through spending a ton of money on lobbying Congress, do not have to compete on prices any longer. The drug lobby actually hired the congressman who ran this bill through Congress — right after it passed — and is paying him $2 million a year. I need a Prozac.

With all their goof-ups and lack of truth in advertising, the GOP has left the door open for the classic tax-and-spenders, the Democrats. It is a given that we are not going to get a tax break under Hillary Clinton, who has already picked out her inaugural pantsuit, she is so sure she will win in 2008. Her Thighness will not be concerned about the high taxes we pay. She only wants to raise taxes and redirect the money.

And there will be more gas taxes, created by Democrats out to stop the bogeyman called Global Warming. Currently, the villains — oil companies — make about 10 cents a gallon profit on gas. The government takes about 40 cents a gallon. Expect that to get worse. It will drive me nuts when the Democrats take charge. I fear that I may get suicidal and throw myself under an oncoming glacier.

The federal budget is more screwed up than Paris Hilton’s checkbook. We have an incomprehensible, lobbyist-written tax code that costs us $195 billion a year to comply with. Many in our society, of course, do not pay anything.

The top 1 percent of taxpayers accounted for 37 percent of all taxes paid in 2005, up from 34 percent in 2003. The top 5 percent of taxpayers, those with around $130,000 and above in income, paid 57 percent of all collected taxes. The bottom 50 percent paid only 3 percent. I find it amazing that people think that somehow upper-income people are not paying their fair share. My fear is that they will leave the country and stop supporting the rest of the United States.

The only answer is the “fair tax.” It abolishes the IRS and collects tax at the point of sale. The IRS has a 10-billion-dollar budget and four times as many employees as the FBI. If the fair tax gets enacted, we would no longer have to file tax returns. Only the IRS could devise a system whereby we are forced to predict how much tax we owe by guessing how many dependents we should deduct. Somehow, the government views children as deductions, while most of us who are parents view them as taxing.

As for me, I am just going to claim one dependent this year: the U.S. government.

Ron Hart is a libertarian and an investor who lives in Atlanta. His e-mail is RevRon10@aol.com.

Categories
News The Fly-By

The Cheat Sheet

Bringing an end to one of the most notorious local crimes in recent history, a judge sentences confessed killer Dale Mardis to 15 years in prison for the slaying of code-enforcement inspector Mickey Wright. The victim’s family reacts to the verdict with outrage. We can’t say we blame them.

Temperatures drop below freezing over the weekend — in March, remember — making Easter egg hunts a bit more challenging for the kids, who might as well be picking up snowballs. Brrrrr!

Nothing about the Ford family Greg Cravens

surprises us anymore, not even the revelation that Tamara Mitchell-Ford carries ravioli in her pockets. Not Snickers, or packets of M&Ms, or even Slim Jims. Just bare, unwrapped ravioli. During her arrest for drunk driving back in February, police report that the former wife of John Ford pulled a piece of ravioli from her pocket, ate it, and then blew into the Breathalyzer. We’ve heard of ways to beat these machines, but we never knew pasta was one of them.

Thieves break into the abandoned Sears Crosstown building and steal more than $11,000 worth of brass valves from the structure’s plumbing and fire-control system. In recent months, we’ve read about thefts of copper tubing from air conditioners and even bronze urns from cemeteries. We never knew the scrap-metal business would be so appealing. What will be taken next — the trolley tracks?

A Memphis Symphony Orchestra member fights a Germantown traffic ticket — and loses. The musician, nabbed by the remote cameras precisely one-half second after running a red light, argues that a sudden stop might have damaged his prized viola. The judge doesn’t buy it, so Marshall Fine just ends up with an even bigger fine.

Categories
Letter From The Editor Opinion

Letter from the Editor: A Careless Email

I’m sure I’m not alone in having done this: You get an email from an acquaintance — perhaps a co-worker worked up about something trivial or someone whose politics you despise or maybe even your boss.

The emailer rants and ego-struts and shows his buffoonery with every sentence. You are amazed and amused at this pompous maroon — so amazed and amused that you decide to share it with a friend. So you forward it, along with a snarky email of your own about what an idiot this fellow is. You smirk at your own cleverness and hit “send.”

Four seconds later, you realize that instead of forwarding the message to your friend, you’ve sent it back to the person you’re making fun of.

Panic ensues. You call the IT guy and ask if there’s any way to “call back” the email. He chortles as only an IT guy faced with 43 daily requests to “fix the copier” can chortle. “Nope,” he says. “Once it’s sent, it’s sent.”

I imagine the feeling one gets at such moments is similar to what’s going on in the White House these days. Unlike Nixon’s infamous missing 18 minutes of audiotape, e-mails are forever.

The Los Angeles Times reports that Democratic investigators are demanding access to a Republican National Committee/White House email system that was used by Karl Rove’s office and other top officials. Democrats suspect the system may have been used to end-run the official government system — a violation of federal law — to conceal contacts with convicted lobbyist Jack Abramoff, among others.

The Times says some Republicans believe that the emails — many written hastily, with no thought that they might become public — may contain detailed and unguarded inside information about the administration’s far-flung political activities.

“There is concern about what may be in these emails,” said one GOP activist.

I can relate.

Bruce VanWyngarden

brucev@memphisflyer.com