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CLT UPDATE
Thursday, September 24, 2009

State Senators also toss us the Beacon Hill Middle Finger Salute
The hypocrisy is staggering


Legislation enabling Gov. Deval Patrick to appoint an interim U.S. senator to serve until a Jan. 19 special election won Senate approval Tuesday 24-16, and is now just a few procedural steps away from becoming law.

Senators from both parties opposed the bill, but 24 Democrats, including Senate President Therese Murray, provided enough support. The proposal would allow Patrick to fill the seat left vacant when Sen. Edward Kennedy died on Aug. 25....

In 2004, the Legislature stripped Republican Gov. Mitt Romney of the power to appoint a senator in the event of a vacancy and established a special election procedure. The legislation speeding towards the governor would reverse that appointment power, for interim senators, while retaining the special election.

Although the bill must still receive an enactment vote in each branch of the Legislature, the focus has already begun turning to who the governor will appoint....

Under the Massachusetts Constitution, laws take effect 90 days after they are signed by the governor; however, the Legislature routinely appends "emergency preambles" that put laws into effect immediately. However, such emergency preambles require the support of two-thirds of the members of the House and Senate. Neither branch passed the bill with a two-thirds majority. However, the Constitution also empowers the governor to bypass the Legislature by submitting a letter to the secretary of state declaring the law to be an emergency measure to protect "public peace, health, safety or convenience."

Tisei said that if the governor used the rarely deployed power, "I think people would be even more outraged."

State House News Service
Tuesday, September 22, 2009
Senate passes bill for interim U.S. Senator,
paving way to enactment


The state Senate approved the measure by a 24-to-16 vote, just five days after the House had voted 95 to 58 to change Massachusetts election law and allow the appointment of an interim US senator. Both chambers are planning to give a final procedural endorsement to the measure and to send it to the governor’s desk today; the only potential hurdle is that Republicans are contemplating a last-ditch legal challenge in an effort to derail the legislation.

News of the vote reverberated yesterday from Beacon Hill to Washington, where US Senate majority leader Harry Reid, informed of the news when a note was passed to him, pumped his fist into the air and cracked a small smile, according to an aide....

It is Dukakis’s name that has received the most widespread attention so far, with some Democrats privately pushing for his appointment, others anxious over how he might be received by the general public, and Republicans nearly gleeful as they contemplate his political resurrection.

“Talk about back to the future,’’ state Senate minority leader Richard R. Tisei said yesterday. “Good grief!’’

Following the vote, state Senate Republicans said they are considering challenging the interim appointment legislation in court, arguing that the new law should not become effective for 90 days because the legislation did not have the two-thirds majority required for immediate implementation.

The Boston Globe
Wednesday, September 23, 2009
Senate OK’s Kennedy successor bill
Governor could name interim pick tomorrow


It was a heartening sight yesterday when 11 Senate Democrats joined five Republicans in voting against a bill to allow the governor to name a place-holder for the seat held by the late Sen. Edward M. Kennedy.

A Boston Herald editorial
Wednesday, September 23, 2009
Gutsy vote on the Hill


The Legislature granted Gov. Deval Patrick permission Wednesday to name an interim U.S. senator and lawmakers expect him to exercise rarely used constitutional powers to make his appointment this week, after leadership failed to muster sufficient support Wednesday to render the controversial bill immediately effective.

After balking and confusion in the Legislature, the bill headed to Patrick's desk late Wednesday afternoon, presenting him the opportunity to choose personally the temporary successor to the late Edward Kennedy and grant U.S. Senate Democrats a filibuster-proof majority of 60 members.

By a 95-57 vote, short of the two thirds needed, the House failed at 3:11 p.m. to attach an emergency preamble to the bill. The House enacted the bill at 3:45 p.m., and the Senate enacted it at 4:15 p.m. House Republicans moved that the House reconsider the enactment vote and House Democrats immediately moved to launch a "new legislative day" in order to whisk the bill to Patrick....

Late Wednesday, four House Republicans, all lawyers, delivered a letter to Patrick's office asking him to seek an advisory opinion from the state's highest court on whether he had the authority to declare an emergency in order to make the appointment.

"We think there's an open question as to whether the governor has the standing to declare an emergency for this appointment," said Rep. Karyn Polito (R-Shrewsbury).

The Republican lawmakers, including Reps. Jeffrey Perry of Sandwich, Daniel Webster of Pembroke, and Lewis Evangelidis of Holden, cited case law and the fact that the House had affirmatively rejected an emergency preamble as issues that raised questions.

"This is an open question if he wants his appointment to be legitimate," said Perry, who said he'd been in contact with national Republican attorneys. "It's a unique narrow case."

If Patrick makes the appointment without seeking an advisory opinion, Perry said, "then we'll have to explore what legal options we have."...

Democrats were frustrated before the vote Wednesday, having already taken a vote on the bill last week that members privately acknowledged would likely prove politically costly.

State House News Service
Wednesday, September 23, 2009
Legislature sends Patrick appointment authority bill


When in 1779 John Adams helped draft the Massachusetts Constitution, his guiding principle was to create a "government of laws and not of men."

Adams recognized a fundamental truth first expressed by the ancient Greeks: that sound government must be based on laws that apply to all, not on the whims of despots, tyrants or even well-meaning kings.

The Massachusetts Legislature's Democratic majority has once again shown its contempt for Adams, the world's oldest operating constitution and the people of this state by turning the rule of law on its head....

The lie legislators tell to soothe their consciences is that Massachusetts must be represented at all times by two senators. The truth is that legislators expressed no such concern over representation while Sen. John Kerry missed dozens of votes while running for president in 2004 or when Sen. Kennedy missed nearly all votes during the final months of his illness.

The truth is that this is all about political power....

Now, it seems, interim senatorial appointments are vital to the continued survival of democracy in this state. The hypocrisy is staggering.

An Eagle-Tribune editorial
Wednesday, September 23, 2009
Kennedy successor vote about nothing but power


Governor Deval Patrick huddled with a small group of trusted advisers last night to finalize his choice for an interim US senator, with indications pointing to former Democratic National Committee chairman Paul G. Kirk Jr., who has the strong backing of the immediate family of the late Edward M. Kennedy, as the overwhelming favorite.

A person with knowledge of the process said last night that former governor Michael S. Dukakis, considered a leading candidate for the appointment, was unlikely to be chosen. At the same time, senior Democrats in Washington told The New York Times that they were certain Kirk would be the choice....

The governor will announce the appointment at an 11 a.m. press conference today at the State House....

Supporters of the bill failed to muster enough votes to include an emergency provision that would make the law effective immediately. The governor has the authority to implement the law immediately upon his signature, as long as he sends a procedural letter to Secretary of State William F. Galvin. Four House Republicans sent a letter last night asking the Supreme Judicial Court to issue an advisory opinion on whether Patrick has the power to put the law in place immediately, though Galvin said that has been relatively routine.

The Boston Globe
Thursday, September 24, 2009
Signs point to Kirk for interim senator


The Kennedy-backed pick for interim senator - a Beltway insider who could enjoy a lifetime pass to the Senate floor - has deep ties to special interests, sitting on a board that oversees a health-insurance provider and having lobbied for the pharmaceutical industry, the Herald has learned.

“Obviously, this is a conflict of interest and raises serious concerns,” Craig Holman of the non-partisan watchdog Public Citizen, said of the potential appointment of Paul G. Kirk Jr. to Sen. Edward M. Kennedy’s seat. “It is distressing. There were many qualified people.” ...

Kirk, 71, a retired lobbyist and lawyer who lives on Cape Cod, raked in a whopping $250,942 in salary and stock options as a board member for Hartford Financial Services, the umbrella for The Hartford, which sells health coverage to retirees.

Until a successor is elected in January, Kirk would wield a critical vote in health insurance and financial industry reforms, raising concerns about potential conflicts.

“Why in the world would they choose someone who has close ties to the insurance industry?” asked Wendell Potter, a former health insurance exec-turned-whistleblower. He noted the health insurance industry has much to gain in the current reform package, especially if coverage is mandated without competition from a government insurance option, as a bill now before the Senate finance committee proposes....

A former partner at the politically wired Hub law firm Sullivan & Worcester, Kirk lobbied for pharmaceutical giants Hoechst Marion Roussel and Aventis in 1998 and 1999, records show.

The plum appointment would guarantee Kirk Senate floor privileges and a D.C. parking space for life - along with the ability to go back to lobbying in two years.

The Boston Herald
Thursday, September 24, 2009
Deval Patrick’s likely Senate pick raises ‘serious concerns’


The pressure is building for Patrick to appoint Paul G. Kirk Jr. as Ted Kennedy’s interim successor. Kennedy’s widow, Victoria Reggie Kennedy, is lobbying for Kirk, and Kennedy’s sons, Patrick and Edward M. Kennedy Jr., also told Patrick that Kirk is their choice.

If it’s Kirk, Patrick is picking a Kennedy foot soldier and political insider who is well-known inside Washington’s power circles - but is virtually unknown to Massachusetts voters.

If it’s Kirk, Patrick is rejecting Michael S. Dukakis, who served three terms as governor of Massachusetts and won his party’s presidential nomination, fighting all the while for core Democratic values....

Pushing Kirk as the temporary bearer of the Kennedy torch is typical backroom politics. And, it’s being done with typically sharp Kennedy elbows.

The Boston Globe
Thursday, September 24, 2009
Backroom politics over Kennedy’s seat
By Joan Vennochi


Chip Ford's CLT Commentary

Another shocking vote -- NOT:  Following the House of Reprehensibles' lead, the Massachusetts Senate's Democrat majority also voted to change the law once again -- the same law they changed just five years ago when it was to their advantage. This was done to benefit the Democrat Party and their masters in Washington, over those who voted for and put them in office.

"News of the vote reverberated yesterday from Beacon Hill to Washington, where US Senate majority leader Harry Reid, informed of the news when a note was passed to him, pumped his fist into the air and cracked a small smile, according to an aide," the Boston Globe reported. "Patrick said last week that President Obama spoke with him about changing the law at Kennedy’s funeral last month. White House senior adviser David Axelrod and Reid have also lobbied Massachusetts lawmakers to change the law."

"President Obama's political operation again applied pressure to the state Senate on Monday, urging supporters in an email to call their senators 'right now' to demand they support a proposal enabling Patrick to appoint a temporary successor to Sen. Edward Kennedy," the State House News Service reported on Monday ["Senate president: 'We'll see tomorrow' if appointee bill has senate support"]. "'The Massachusetts State Senate could vote as soon as tomorrow -- so be sure to call today,' wrote John Spears, Massachusetts state director for Obama for America."

The only ones going unheard by most of the entrenched Democrat machine are Massachusetts citizens and voters, cavalierly dismissed as petty nuisances in their shamelessly hypocritical partisan power grab.

The Democrat machine has steamrolled over the citizens of Massachusetts once again, and the Kennedy Clan has apparently steamrolled over the Democrat machine once again as well, though "Camelot" his become but a fading memory to most.

This morning it's anticipated that it will be the clan's survivors who will independently choose the dubious interim senator, one of their own.  Paul Kirk, a longtime family functionary -- and well-heeled health insurance lobbyist -- is expected to be anointed as that 'all-important and immediately necessary' second US Senator to represent Massachusetts during this critical moment in Washington and in American history.

This is but the latest tawdry example of politics-as-usual and the people be damned in the People's Republic of Taxachusetts, the laughingstock of the nation, a bewilderment to citizens beyond our borders.

Remember in November, come The Second American Revolution.

Chip Ford

Remember in November 2010 how your state senator voted
Click image to enlarge roll call vote to printable size
   
Senate Roll Call Vote:
On passage of the Hypocrisy Law,
reversing the 2004 emergency self-serving change.
Adopted:  24-16
   
Hey voters -- ready to bend over and take it again?
If you are -- just re-elect self-serving incumbents!
More of the same will come, promised

You poor dumb fools
Related Articles:
House Democrats again present citizens
The Beacon Hill Middle Finger Salute

A Timeline of Shameless Political Hypocrisy
“Power corrupts, absolute power corrupts absolutely”


State House News Service
Tuesday, September 22, 2009

Senate passes bill for interim U.S. Senator,
paving way to enactment
By Kyle Cheney and Jim O'Sullivan


Legislation enabling Gov. Deval Patrick to appoint an interim U.S. senator to serve until a Jan. 19 special election won Senate approval Tuesday 24-16, and is now just a few procedural steps away from becoming law.

Senators from both parties opposed the bill, but 24 Democrats, including Senate President Therese Murray, provided enough support. The proposal would allow Patrick to fill the seat left vacant when Sen. Edward Kennedy died on Aug. 25.

The House and Senate both meet in formal sessions Wednesday, when the branches could send the Senate appointee bill to Gov. Deval Patrick. The House approved the bill 97-58 last week.

In 2004, the Legislature stripped Republican Gov. Mitt Romney of the power to appoint a senator in the event of a vacancy and established a special election procedure. The legislation speeding towards the governor would reverse that appointment power, for interim senators, while retaining the special election.

Although the bill must still receive an enactment vote in each branch of the Legislature, the focus has already begun turning to who the governor will appoint. Speaking to reporters, Murray said she "made it very clear I will not participate in any discussions about an interim appointment." She said the Senate's discussion of the bill was "an excellent debate, a lot of passion on both sides."

Patrick hasn't indicated who he might appoint, but early speculation has focused on former Gov. Michael Dukakis, who declined to comment recently when asked if he was interested in serving, former Lt. Gov. Evelyn Murphy, former DNC Chairman Paul Kirk Jr., and former Senate President Robert Travaglini.

During a late-August press conference, Patrick said he intends to appoint someone already familiar or easily-brought-up-to-speed on health care, climate change and job creation policy. At the time, Patrick called it "enormously important" that a Democrat succeed Kennedy.

After the Senate session, Senate Minority Leader Richard Tisei raised the possibility that the bill wouldn't take effect for months, but lawmakers said Patrick could exercise his constitutional prerogative to make the bill take effect upon its signing.

Under the Massachusetts Constitution, laws take effect 90 days after they are signed by the governor; however, the Legislature routinely appends "emergency preambles" that put laws into effect immediately. However, such emergency preambles require the support of two-thirds of the members of the House and Senate. Neither branch passed the bill with a two-thirds majority. However, the Constitution also empowers the governor to bypass the Legislature by submitting a letter to the secretary of state declaring the law to be an emergency measure to protect "public peace, health, safety or convenience."

Tisei said that if the governor used the rarely deployed power, "I think people would be even more outraged." If the governor waited the full 90 day for the law to take effect, Massachusetts would have a vacant Senate seat until December 21, less than a month before voters elect a replacement. Supporters of the bill hope it will gain final passage this week and that Patrick will announce his pick shortly afterwards.

One House leader indicated that lawmakers were unlikely to pass an emergency preamble, which would leave it to the governor to use his constitutional authority to implement the law immediately.

"We don't need it," said Assistant House Majority Leader Ronald Mariano. "We're not taking another vote."

Asked when Patrick would appoint a successor, he replied "I hope as soon as possible."

"Obviously, the more time it takes, the less reason there was for us to do it," said Mariano.

Patrick offered no clues Tuesday as to how he would address the lack of an emergency preamble, issuing only a statement through a spokesman praising the Senate for approving the bill.

"The Governor looks forward to final action on the bill," said Patrick spokesman Kyle Sullivan.

The governor has previously urged lawmakers to pass the bill quickly so he can appoint a senator.

All five Senate Republicans - Tisei, Bruce Tarr of Gloucester, Scott Brown of Wrentham, Michael Knapik of Westfield and Robert Hedlund of Weymouth - opposed the bill and they were joined by Sens. Stephen Brewer (D-Barre), Jennifer Flanagan (D-Leominster), Jack Hart (D-South Boston), Brian Joyce (D-Milton), Michael Moore (D-Millbury), Richard Moore (D-Uxbridge), Michael Morrissey (D-Quincy), Steven Panagiotakos (D-Lowell), James Timilty (D-Walpole), Susan Tucker (D-Andover) and Steven Baddour (D-Methuen).

Backers of the bill in the Senate argued that an interim senator is essential to ensure Massachusetts has a say in a slew of appropriations bills coming up in Washington, as well as on health reform, climate change and transportation legislation. They also said an interim senator could pick up where Kennedy left off on constituent service issues, such as helping Massachusetts veterans receive benefits or solving complex Medicare and Medicaid issues.

"I have three constituents on average a week that I defer to my U.S. colleagues in the delegation," said Sen. Thomas Kennedy (D-Brockton), co-chair of the Election Laws Committee. "I'm sure all of you have that many and more. Kennedy's office was masterful in solving those problems. But the staff is still there. They're just as masterful without their leader. We need them."

Republicans said constituent services could easily be handled by the rest of the Congressional delegation, Sen. John Kerry and members of the state Legislature. They also said U.S. Senate Majority Leader Harry Reid could change Senate rules to allow Kennedy's staff to continue providing services to constituents until the special election.

Republicans also characterized Senate Democrats' position as kowtowing to the White House and Democratic leaders in Congress, who have pressed local lawmakers to pass the bill. For Senate Majority Leader Harry Reid, the vacant seat represents a 60th Democratic vote, the number needed to cut off a potential Republican filibuster. Democrats highlighted the importance of a single Senate vote, noting that it could be the difference on whether a national health reform package gets done or not.

Sen. Scott Brown (R-Wrentham), who is running in the special election, wondered why Massachusetts Democrats would seek to get behind a national health reform plan that could end up leaving Massachusetts worse off.

"Why are we selling out to the special interests?" he said during floor debate. "[The national health plan] would affect us in a negative way."

Earlier in the day, Panagiotakos, chair of the Senate Ways and Means Committee, said he believes Kerry "can carry the ball for us" on several appropriations bills pending in Congress. He said the seat was not a Democratic or a Republican seat and that it was the citizens' seat to fill. "If that means that we are going to have a vacancy for a few months, then so be it," he said.

Panagiotakos's opposition evidenced a rare split among Senate leadership, which some senators said they hadn't seen since a 2007 vote on a proposed gay marriage ban.

Senators cast aside three amendments that would've allowed for an interim appointment after the special election process is complete. They also defeated a Republican amendment that would've required all of the governor's communications on naming an interim senator to be publicly available.

Republicans argued that recent examples of controversial emails sent by Patrick's education secretary Paul Reville highlighted the need for a full accounting of how the interim appointee is selected.

Senate Minority Leader Richard Tisei said the administration seemed "pretty sneaky right now," prompting a sly smile from Senate President Murray.

But Democrats countered that such a requirement could force all discussion of the pros and cons of potential appointees to be up for public consumption. "It doesn't seem right to me," Sen. Thomas Kennedy said.

Like the House, the Senate adopted a resolution declaring the body to be against the interim appointee running in the special election. Although some lawmakers had pushed for such a provision to be in the bill, others worried that such a prohibition could be unconstitutional.

Republicans continued to hammer on the point that Democrats changed the law in 2004 to keep appointment power away from Republican Gov. Mitt Romney at a time when it appeared Sen. John Kerry could win the presidency. Back then, Democrats approved a bill for a special election process but rejected Republican proposals for an interim senator. Legislative Democrats also cast aside proposals for an interim senator in 2006, as well.


The Boston Globe
Wednesday, September 23, 2009

Senate OK’s Kennedy successor bill
Governor could name interim pick tomorrow
By Matt Viser


The state Senate approved a bill yesterday that would let Governor Deval Patrick appoint an interim successor to Edward M. Kennedy, paving the way for the appointment of a new US senator as early as tomorrow and providing Democrats in Washington the potential 60th vote they have been seeking to pass a health care overhaul.

The state Senate approved the measure by a 24-to-16 vote, just five days after the House had voted 95 to 58 to change Massachusetts election law and allow the appointment of an interim US senator. Both chambers are planning to give a final procedural endorsement to the measure and to send it to the governor’s desk today; the only potential hurdle is that Republicans are contemplating a last-ditch legal challenge in an effort to derail the legislation.

News of the vote reverberated yesterday from Beacon Hill to Washington, where US Senate majority leader Harry Reid, informed of the news when a note was passed to him, pumped his fist into the air and cracked a small smile, according to an aide.

All attention now turns to Patrick, who has been weighing the appointment options with a close circle of advisers in recent days, asking them to cast a wide net, according to a person with knowledge of the process who requested anonymity because of the sensitivity of the discussions. It has been an “extensive vetting process,’’ but the governor is still mulling over candidates, the person said.

The governor is hoping to be able to appoint someone tomorrow or Friday, the person said.

Mindful of recent controversies over interim US Senate appointments in New York and Illinois, Patrick administration officials have declined to release the names of those under consideration.

“The governor appreciates the support voiced in the Senate today and the action taken by the House last week to ensure Massachusetts has full representation in the Congress,’’ Patrick’s spokesman, Kyle Sullivan, said in a statement.

The interim senator appointed by Patrick would serve until voters elect a new senator in a Jan. 19 special election. That senator would serve the remaining three years of Kennedy’s term.

Kennedy’s two sons, US Representative Patrick J. Kennedy of Rhode Island and businessman Edward M. Kennedy Jr., have told Governor Patrick that their first choice for an interim senator is former Democratic National Committee chairman Paul G. Kirk Jr., according to a Kennedy family associate.

Kirk, an attorney who lives on Cape Cod, worked as a special assistant to Senator Kennedy from 1969 to 1977, is currently the chairman of the John F. Kennedy Library Foundation, and last month served as master of ceremonies at a widely watched memorial service the night before Senator Kennedy’s funeral.

Kirk, 71, has not returned several calls seeking comment.

Among the other names frequently mentioned by observers are former governor Michael S. Dukakis, Harvard Law School professor Charles J. Ogletree, and former lieutenant governor Evelyn Murphy.

It is Dukakis’s name that has received the most widespread attention so far, with some Democrats privately pushing for his appointment, others anxious over how he might be received by the general public, and Republicans nearly gleeful as they contemplate his political resurrection.

“Talk about back to the future,’’ state Senate minority leader Richard R. Tisei said yesterday. “Good grief!’’

Following the vote, state Senate Republicans said they are considering challenging the interim appointment legislation in court, arguing that the new law should not become effective for 90 days because the legislation did not have the two-thirds majority required for immediate implementation.

But the state constitution also allows the governor to send a letter to the secretary of state requesting early implementation of a law. Republicans say that provision is meant to apply to other instances, but a spokesman for Secretary of State William F. Galvin said the procedure has been used in other instances, as recently as last year.

The legislation approved by the state House and Senate does not legally bind the appointee from seeking the seat permanently, but both chambers have passed resolutions requesting that Patrick choose a person who agrees not to run in the general election. Patrick has also said he would secure that commitment.

During the state Senate debate yesterday, which followed several days of parliamentary delays, Democrats argued that the state needs a second senator to represent its citizens.

Republicans argued that the move is hypocritical, given that the Legislature rejected the same approach when the governor was a Republican. Republicans led several attempts to add restrictions or modifications to the legislation, but they were outvoted.

“It was an excellent debate on both sides, a lot of passion on both sides,’’ said state Senate President Therese Murray, who voted for the change, but was bucked by some top Democrats who didn’t support it.

Several state senators changed their votes from the last time the issue came up in 2004, when the Legislature, controlled by Democrats, changed the law to provide for a special election process to prevent Governor Mitt Romney, a Republican, from appointing a successor to US Senator John F. Kerry if Kerry had won the presidency.

“I think I made a mistake then,’’ said state Senator Steven A. Tolman, a Brighton Democrat. “This is politics, right? Sure it’s politics.’’

And state Senator Karen E. Spilka, an Ashland Democrat, said, “We should have done this then. . . . This to me is not a Democrat issue at this point. It’s not a Republican issue. It’s a Massachusetts issue.’’

Eleven Democrats joined all five Republicans in voting against the measure.

“It’s wrong to change the rules depending on who’s in power,’’ said state Senator Brian A. Joyce, a Milton Democrat who was a key architect of the legislation to establish special elections to fill Senate vacancies in 2004. “We shouldn’t change the rules by which we govern our democracy depending upon who the governor is.’’

Patrick would be making the fourth such appointment since US senators started being elected by popular vote in 1913.

The others were William M. Butler, appointed in 1924 after the death of Henry Cabot Lodge; Sinclair Weeks, appointed in 1944 after the resignation of Henry Cabot Lodge Jr.; and Benjamin Smith, appointed in 1960 when Senator John F. Kennedy resigned after being elected president.

The Senate vote yesterday capped a furious lobbying campaign by national Democrats that began shortly after Kennedy’s death last month.

Patrick said last week that President Obama spoke with him about changing the law at Kennedy’s funeral last month. White House senior adviser David Axelrod and Reid have also lobbied Massachusetts lawmakers to change the law.

“Today’s vote gives the people a voice in the Senate until they exercise that choice,’’ Kerry, a Massachusetts Democrat, said yesterday in a statement.

“This is what Ted Kennedy wanted, what Governor Patrick and I wanted, and I firmly believe it’s what people in Massachusetts want, because big votes on everything from health care to climate change are being taken now, not in five months.’’


The Boston Herald
Wednesday, September 23, 2009

A Boston Herald editorial
Gutsy vote on the Hill


Courage on Beacon Hill isn’t dead.

It was a heartening sight yesterday when 11 Senate Democrats joined five Republicans in voting against a bill to allow the governor to name a place-holder for the seat held by the late Sen. Edward M. Kennedy.

Sens. Steve Baddour, Stephen Brewer, Jennifer Flanagan, Jack Hart, Brian Joyce, Michael Moore, Richard Moore, Michael Morrissey, Steven Panagiotakos, James Timilty, and Susan Tucker showed an independence of spirit that is all too rare on Beacon Hill.

Prior to the vote, Pangiotakos told State House News Service that the seat belonged to the voters to fill.

“If that means that we are going to have a vacancy for a few months, then so be it,” the Lowell Democrat said.

Meanwhile, we don’t envy the job of Gov. Deval Patrick to whom it will fall to fill the post. Sure, any fool with a “D” after his name can pull the lever the way Senate majority leader Harry Reid tells him to. And no one warming that seat will be able to carry on the kind of negotiations Sen. Kennedy might have.

The best Massachusetts can expect is an appointee who can keep Kennedy’s superb staff in place and focused through the end of the year doing the jobs they have done so well for so very long.


State House News Service
Wednesday, September 23, 2009

Legislature sends Patrick appointment authority bill


The Legislature granted Gov. Deval Patrick permission Wednesday to name an interim U.S. senator and lawmakers expect him to exercise rarely used constitutional powers to make his appointment this week, after leadership failed to muster sufficient support Wednesday to render the controversial bill immediately effective.

After balking and confusion in the Legislature, the bill headed to Patrick's desk late Wednesday afternoon, presenting him the opportunity to choose personally the temporary successor to the late Edward Kennedy and grant U.S. Senate Democrats a filibuster-proof majority of 60 members.

By a 95-57 vote, short of the two thirds needed, the House failed at 3:11 p.m. to attach an emergency preamble to the bill. The House enacted the bill at 3:45 p.m., and the Senate enacted it at 4:15 p.m. House Republicans moved that the House reconsider the enactment vote and House Democrats immediately moved to launch a "new legislative day" in order to whisk the bill to Patrick.

Without an emergency preamble, the law would not take effect for 90 days after the governor signs it. But Patrick can use his constitutional prerogative to bypass the Legislature by declaring in a letter to Secretary of State William Galvin that the law is emergency in nature, which would put it into effect immediately.

Lt. Gov. Tim Murray said Wednesday morning that the governor was prepared to submit that letter in the next day or two.

Murray told reporters there were "a whole bunch of names in the mix" for the seat. Multiple outlets reported Wednesday that the Kennedy family had lobbied for Paul Kirk, the former Democratic National Committee chair and current head of the John F. Kennedy Library Foundation. In the State House, some Democrats said they preferred former Gov. Michael Dukakis.

Late Wednesday, four House Republicans, all lawyers, delivered a letter to Patrick's office asking him to seek an advisory opinion from the state's highest court on whether he had the authority to declare an emergency in order to make the appointment.

"We think there's an open question as to whether the governor has the standing to declare an emergency for this appointment," said Rep. Karyn Polito (R-Shrewsbury).

The Republican lawmakers, including Reps. Jeffrey Perry of Sandwich, Daniel Webster of Pembroke, and Lewis Evangelidis of Holden, cited case law and the fact that the House had affirmatively rejected an emergency preamble as issues that raised questions.

"This is an open question if he wants his appointment to be legitimate," said Perry, who said he'd been in contact with national Republican attorneys. "It's a unique narrow case."

If Patrick makes the appointment without seeking an advisory opinion, Perry said, "then we'll have to explore what legal options we have."

Perry added that he believed Democrats made errors drafting the bill, putting an emergency preamble in and miscalculating what would be necessary to remove it.

Final passage of the bill, clouded by legal and procedural concerns, comes after state lawmakers have endured heavy pressure from prominent Democrats, including Patrick and President Barack Obama, to pass the bill, while facing local criticism for what many called an unseemly change to state election law.

"Massachusetts Democrats are changing the same laws they put in place just five years ago to stymie a Republican governor so they can have a Democrat in place to rubber-stamp the president's health care plan," Republican National Committee Chairman Michael Steele said in a statement. "It's hard to tell which aspect is more astonishing about this blatant political ploy: the brazen arrogance or the sheer hypocrisy."

Democrats were frustrated before the vote Wednesday, having already taken a vote on the bill last week that members privately acknowledged would likely prove politically costly. Many of the bill's supporters switched their votes from 2004, when, with Sen. John Kerry the Democratic presidential nominee, they voted to strip appointment power from Republican Gov. Mitt Romney.

"Making public policy does not always go smoothly," said Rep. Vincent Pedone, chair of the Bills in Third Reading Committee. "And people who are opposed to this are doing everything they can to bring all the political plays they can muster into this debate. When it's all said and done, we will have two United States senators, and if the opposition to this continues to muddy the water and demagogue, then they've accomplished their task."

Senate President Therese Murray and other lawmakers expressed relief on Wednesday that the bill was off their docket. Murray said other bills are "backed up" and awaiting action in the Upper Chamber.

"This is a very important issue, but it's time for us to move on," added Sen. Harriette Chandler, Worcester Democrat and assistant vice chair on the Senate Ways and Means Committee. "We're very concerned about what's going to happen with September (revenues). So far, September doesn't look too good."

Murray added: "But I'm also glad the bill passed. I think the debate over the past two days made very clear that we need to have two votes in the U.S. Senate." There are grant and federal stimulus requests in Sen. Kennedy's office, awaiting action, she said.

"With the governor appointing someone, those things will move forward," she said. Murray said she expects the governor to "deliberate and choose wisely" in picking a successor. She said she has not had discussions with the governor on the topic, adding, "I do not want any input."

Two-thirds of the members of the House and Senate must vote to approve an emergency preamble for it to take effect, and although the bill won approval in both branches, it failed to secure two-thirds support.

Under state law, members in each branch must take a separate vote on an emergency preamble, which had already been written into the bill.

The first five hours of Wednesday's sessions were shrouded in a state of confusion over procedural problems presented by the bill in the form lawmakers had initially approved it.

Rep. Brad Hill (R-Ipswich), an opponent of the bill, told a gaggle of reporters that the bill, before the emergency preamble was excised, was unconstitutional because it contained an emergency preamble and lacked the requisite two thirds support for such a provision. Hill said House Democrats were mulling over plans to strike the preamble from the bill or an alternative plan to substitute a new bill that does not include a preamble, an alternative that a senior House Democrat confirmed was under consideration.

Legislators were confused about the votes required to amend the bill at the enactment stage - it had cleared the House 97-58 last Thursday and the Senate 24-16 on Tuesday.

Rep. Paul Donato played down problems with the bill. But when asked to specify the problems, Donato said, "What do you think they are? We don't have enough votes."

House Assistant Minority Leader George Peterson threw another twist into the debate, telling the News Service that some lawyers in the Legislature, including Taunton Democrat Rep. James Fagan, were suggesting that if the bill arrives on Patrick's desk without an emergency preamble and the governor deploys his constitutional prerogative to write a letter to make the law take effect immediately, that Patrick would still need to wait 30 days to make his appointment.

If Patrick made an appointment sooner, Peterson said, there was speculation an injunction could be filed.

According to the Secretary of State's William Galvin's office, the last time Patrick invoked his authority to bypass the Legislature and institute an emergency law was to expedite the implementation of a 2008 proposal by then-Sen. Dianne Wilkerson.

Wilkerson's bill was an attempt to speed development at Hynes Convention Center. Under a 1982 law, any expenditure of more than $1 million on the convention center must be preceded by a feasibility study. Wilkerson's bill permitted a 2006 study to fulfill that requirement without the need for a new study.

The Boston Democrat is awaiting trial on public corruption charges that she took money for using her position to influence legislation.

Republican gubernatorial candidate Christy Mihos emailed supporters on Wednesday, blasting Kirk, whose name is being bandied about as the potential interim appointee.

"His rumored appointee, Paul Kirk, is a registered lobbyist, a campaign financier, and a Democratic insider who defines everything that is wrong with government today," Mihos wrote. "Lobbyist Paul Kirk, if appointed, will blend in perfectly with the special interests in Washington who are spending us into a debt that both Massachusetts and the United States may never escape from. Even if he only joins the Senate for five months, my fear is that Kirk will put his political and lobbying interests before those of Massachusetts families."


The Eagle-Tribune
Wednesday, September 23, 2009

An Eagle-Tribune editorial
Kennedy successor vote about nothing but power


When in 1779 John Adams helped draft the Massachusetts Constitution, his guiding principle was to create a "government of laws and not of men."

Adams recognized a fundamental truth first expressed by the ancient Greeks: that sound government must be based on laws that apply to all, not on the whims of despots, tyrants or even well-meaning kings.

The Massachusetts Legislature's Democratic majority has once again shown its contempt for Adams, the world's oldest operating constitution and the people of this state by turning the rule of law on its head.

The people of Massachusetts may still be ruled by the law. But our legislators feel free to change the law to suit their needs at any given point in time. And so we are ruled, as Adams sought to avoid, by the whims of men — legislators who bend and shift the law to serve themselves, not the people.

Adding insult to injury, they do so while proclaiming loudly and falsely that they are acting only in our best interest.

And so it is with the bill concerning the U.S. Senate vacancy created by the death of Sen. Edward Kennedy. The state Senate yesterday, as did the House last week, approved a measure to allow Gov. Deval Patrick to appoint an interim senator who will serve until a special election is held Jan. 19.

The lie legislators tell to soothe their consciences is that Massachusetts must be represented at all times by two senators. The truth is that legislators expressed no such concern over representation while Sen. John Kerry missed dozens of votes while running for president in 2004 or when Sen. Kennedy missed nearly all votes during the final months of his illness.

The truth is that this is all about political power. Local state Sens. Steven Baddour, D-Methuen, Susan Tucker, D-Andover, and Bruce Tarr, R-Gloucester, voted against the bill. Last week, state Reps. David Torrisi, D-North Andover, Brian Dempsey, D-Haverhill, Linda Dean Campbell, D-Methuen and Bradley H. Jones Jr., R-North Reading, voted against the measure in the House.

Kudos to those senators and representatives for standing up for the rule of law.

Prior to 2004, the governor of Massachusetts had the power to appoint a senator to fill a vacant seat. But the state's Democratic legislators could not stomach the possibility of Republican Gov. Mitt Romney's appointing a successor to Sen. Kerry if Kerry were to win the presidency.

So legislators in 2004 made all sorts of noble-sounding pronouncements about the right of the people to elect their representatives and stripped Romney of his appointment power. Senate vacancies must now be filled through an election held within five months of the vacancy.

When the state's handful of Republican legislators suggested that the governor could appoint an interim — precisely the law before the Legislature today — Democrats shot them down. But now a Democrat is in the governor's office. And a 60-vote, filibuster-proof majority in the U.S. Senate is at stake. Now, it seems, interim senatorial appointments are vital to the continued survival of democracy in this state. The hypocrisy is staggering.


The Boston Globe
Thursday, September 24, 2009

Signs point to Kirk for interim senator
By Matt Viser and Frank Phillips


Governor Deval Patrick huddled with a small group of trusted advisers last night to finalize his choice for an interim US senator, with indications pointing to former Democratic National Committee chairman Paul G. Kirk Jr., who has the strong backing of the immediate family of the late Edward M. Kennedy, as the overwhelming favorite.

A person with knowledge of the process said last night that former governor Michael S. Dukakis, considered a leading candidate for the appointment, was unlikely to be chosen. At the same time, senior Democrats in Washington told The New York Times that they were certain Kirk would be the choice.

Patrick remained mum about his selection. Speaking to reporters in Boston last night, he declined to disclose whether he had settled on an appointee, saying only: “This is a very serious and important decision. I expect to make it very, very soon.’’

The governor will announce the appointment at an 11 a.m. press conference today at the State House.

Patrick was expected to begin making phone calls last night to the candidates he chose not to appoint, with members of the state’s congressional delegation being told of his choice this morning.

For weeks, it has been clear that this is not a choice that Patrick relishes making and not one that either he or his aides believe will benefit him politically. Some advisers and observers believe that, regardless of whom he chooses, he will anger key elements of the Democratic establishment. Further, many moderates and independents do not believe Patrick should even have the power to pick someone.

Such ill will is a heavy price to pay, some believe, for an appointment that will last only a few months. Voters will choose a new senator in a special election Jan. 19.

“It’s an unenviable task,’’ said Mary Anne Marsh, a Democratic strategist, “a great opportunity fraught with peril.’’

Patrick gained the power to appoint a temporary senator yesterday, with the Massachusetts Legislature giving final approval to a controversial bill that changes the state’s election law for the second time in five years. The change, which Kennedy urged shortly before his death, will allow Patrick, once he signs the bill, to appoint someone to Kennedy’s seat until a special election is held Jan. 19.

The interim senator could be sworn in within days after the secretary of the US Senate receives a certification of appointment from the governor, according to Beth Provenzano, a spokeswoman for the secretary’s office. The new senator could begin assembling a staff almost immediately, she said.

Patrick has been conferring in recent days with a small group of his closest advisers, including Doug Rubin, his campaign strategist and former chief of staff; Arthur Bernard, his current chief of staff; John Walsh, chairman of the state Democratic Party; and William M. Cowen, an attorney at Mintz Levin and a close confidant.

But the governor is getting an earful from well beyond his inner circle. He has been fielding phone calls from a wide array of competing political interests eager to influence his decision.

Kennedy’s widow, Victoria Reggie Kennedy, has weighed in, telling the governor that she prefers Kirk, according to a Kennedy family associate. Her views add further pressure to fill the interim appointment with the longtime Kennedy friend and former staff member, a man so close to the family he was chosen as master of ceremonies at Kennedy’s memorial service the night before the funeral last month.

The Globe reported yesterday that Kennedy’s two sons, US Representative Patrick J. Kennedy of Rhode Island and Edward M. Kennedy Jr., have also told Patrick that Kirk is their first choice.

“Paul Kirk cares enormously about our state, and that’s why he’s been such a trusted friend to the Kennedy family and to me,’’ Senator John F. Kerry said yesterday. “But this is the governor’s decision now, just as it’s the peoples’ choice in January, and I’m not engaging in the speculation game.’’

Though there remained the possibility last night that Patrick would choose someone else, Kirk would be an obvious choice for sentimental reasons, political observers say.

Kirk, a 71-year-old attorney who lives on Cape Cod, worked as a special assistant to Senator Kennedy from 1969 to 1977, and is currently the chairman of the John F. Kennedy Library Foundation. He is familiar with many on Kennedy’s former staff and could help smooth the transition.

Kirk was registered as a lobbyist a decade ago. He was paid $35,000 to represent the pharmaceutical company Hoechst Marion Roussel on legislation before the US Senate in 1999, according to federal disclosure records. He is currently on the board of directors of the Hartford Insurance Group.

But choosing Kirk could alienate a core group of Patrick’s supporters who remain loyal to Dukakis. The former governor had been filling out paperwork as part of the vetting process by Patrick advisers, according to a second person familiar with the process.

Patrick is facing lobbying on Dukakis’s behalf from political associates of the onetime presidential candidate, erstwhile members of his inner circle, and party activists, all of whom make up a part of the Democratic Party that was central to Patrick’s 2006 campaign and, according to some analysts, would be very important to his struggling reelection bid.

Patrick “needs to have those people feel enthusiastic about his reelection,’’ said Democratic strategist Dan Payne, who worked for Dukakis campaigns in the 1980s. “If he doesn’t choose Dukakis, they will sit on their hands, and he can’t afford that.’’

Some Kennedy insiders who support Kirk’s appointment, though, have argued that Dukakis is too outspoken on health care issues, espousing liberal positions that could complicate Democrats’ attempts in Washington to moderate their approach on the legislation.

Among other names mentioned by observers are Harvard Law School professor Charles J. Ogletree and former lieutenant governor Evelyn Murphy.

The Massachusetts bill giving Patrick appointment powers was enacted yesterday by the House, 95 to 59, and by the Senate, 24 to 16, after only brief speeches.

“I’m glad the bill is finally passed,’’ Senate President Therese Murray told reporters after the vote. “I think the debate over the last two days made it very clear that we need two votes in the US Senate.’’

She insisted that she has no preference on the appointment.

“I do not want any input,’’ she said. “I’m sure he will deliberate and choose wisely.’’

Republicans had been contemplating a last-ditch legal challenge, but have backed away.

“There’s no need to delay for the sake of delay at this point,’’ Senate minority leader Richard Tisei told reporters after the vote. “The vote’s been cast, and I hope the governor picks somebody who can represent the state well for the next couple of months.’’

Supporters of the bill failed to muster enough votes to include an emergency provision that would make the law effective immediately. The governor has the authority to implement the law immediately upon his signature, as long as he sends a procedural letter to Secretary of State William F. Galvin. Four House Republicans sent a letter last night asking the Supreme Judicial Court to issue an advisory opinion on whether Patrick has the power to put the law in place immediately, though Galvin said that has been relatively routine.

Proponents have argued that the state needs two senators in Washington when crucial issues are being debated, chief among them President Obama’s plans for overhauling health care. Critics, including Republicans and some Democrats, argued that the move was hypocritical, because the Legislature rejected the notion of gubernatorial appointment power in 2004 when the governor was a Republican.

“It is stunning how quick Bay State Democrats were to bow to political pressure from Washington,’’ Republican National Committee chairman Michael Steele said in a statement.

Not that Patrick enjoys being in this position.

“You want me to be honest?’’ the governor told reporters three weeks ago. “I don’t need this headache.’’

Joseph Williams of the Globe staff contributed to this report.


The Boston Herald
Thursday, September 24, 2009

Deval Patrick’s likely Senate pick raises ‘serious concerns’
By Jessica Van Sack and Hillary Chabot


The Kennedy-backed pick for interim senator - a Beltway insider who could enjoy a lifetime pass to the Senate floor - has deep ties to special interests, sitting on a board that oversees a health-insurance provider and having lobbied for the pharmaceutical industry, the Herald has learned.

“Obviously, this is a conflict of interest and raises serious concerns,” Craig Holman of the non-partisan watchdog Public Citizen, said of the potential appointment of Paul G. Kirk Jr. to Sen. Edward M. Kennedy’s seat. “It is distressing. There were many qualified people.”

Former Gov. Michael S. Dukakis is also considered a leading candidate, though critics say he carries political baggage that could reflect poorly on Gov. Deval Patrick in his own 2010 race. Last night, Patrick refused to tip his hand on his choice for the job. But Patrick confirmed he is submitting a letter to Secretary of State William Galvin declaring an emergency so he can act now instead of waiting 90 days for the law to take effect. He declined to comment on Republican protests that there is no emergency.

“I recognize the gravity of this decision and I will make it very, very soon,” Patrick said.

The governor’s schedule, released last night, indicated he will announce his choice this morning at 11.

The push for Kirk gained momentum yesterday after the late senator’s widow, Victoria Reggie Kennedy, and sons Patrick and Ted Jr. urged the governor to appoint Kirk to the temporary post, a source close to the Kennedys said. The governor confirmed hearing from Vicki Kennedy “multiple times” on the matter but declined to elaborate.

Kirk, 71, a retired lobbyist and lawyer who lives on Cape Cod, raked in a whopping $250,942 in salary and stock options as a board member for Hartford Financial Services, the umbrella for The Hartford, which sells health coverage to retirees.

Until a successor is elected in January, Kirk would wield a critical vote in health insurance and financial industry reforms, raising concerns about potential conflicts.

“Why in the world would they choose someone who has close ties to the insurance industry?” asked Wendell Potter, a former health insurance exec-turned-whistleblower. He noted the health insurance industry has much to gain in the current reform package, especially if coverage is mandated without competition from a government insurance option, as a bill now before the Senate finance committee proposes.

“This would represent an enormous new revenue stream for the insurance industry,” Potter said, adding of Kirk, “On one hand, he certainly would be knowledgeable of insurance issues, and on the other hand . . . there are going to be questions about his objectivity.”

Kirk did not return numerous phone calls yesterday. A former partner at the politically wired Hub law firm Sullivan & Worcester, Kirk lobbied for pharmaceutical giants Hoechst Marion Roussel and Aventis in 1998 and 1999, records show.

The plum appointment would guarantee Kirk Senate floor privileges and a D.C. parking space for life - along with the ability to go back to lobbying in two years.

Holman predicted Kirk would resign from Hartford Financial if appointed, but added, “Clearly that’s going to be a temporary resignation with a wink and a nod . . . Everything he learns in the Senate he is free to profit from.”


The Boston Globe
Thursday, September 24, 2009

Backroom politics over Kennedy’s seat
By Joan Vennochi


This is turning into a test of Camelot’s clout and Governor Deval Patrick’s loyalties.

The pressure is building for Patrick to appoint Paul G. Kirk Jr. as Ted Kennedy’s interim successor. Kennedy’s widow, Victoria Reggie Kennedy, is lobbying for Kirk, and Kennedy’s sons, Patrick and Edward M. Kennedy Jr., also told Patrick that Kirk is their choice.

If it’s Kirk, Patrick is picking a Kennedy foot soldier and political insider who is well-known inside Washington’s power circles - but is virtually unknown to Massachusetts voters.

If it’s Kirk, Patrick is rejecting Michael S. Dukakis, who served three terms as governor of Massachusetts and won his party’s presidential nomination, fighting all the while for core Democratic values. The Dukakis loss to George H.W. Bush in the 1988 presidential race is an unpleasant reminder of Democratic failure. But it is also an example of Dukakis’s unwavering commitment to key Democratic principles, including health care reform.

Dukakis’s wife, Kitty, was also an early and avid Patrick supporter, who stood behind his bid for governor when other Democrats wrote it off.

Kennedy’s wish for an interim replacement is being framed as a noble desire to retain two votes for Massachusetts, and especially to deliver a vote on health care legislation in the US Senate.

It’s also about keeping Kennedy’s office staff in Washington as long as possible. Given the Kennedy staff reputation for excellence, there’s nothing wrong with that goal and there’s nothing terrible about choosing Kirk to carry it out. He’s a good man for the interim job. But let’s not overwrap it in Camelot’s gauze. Pushing Kirk as the temporary bearer of the Kennedy torch is typical backroom politics. And, it’s being done with typically sharp Kennedy elbows.

Kirk, a lawyer and onetime chairman of the Democratic National Committee, served as a special assistant to Kennedy from 1969 to 1977. He is chairman of the John F. Kennedy Library Foundation. He will do exactly what Kennedy would want him to do on health care reform and other issues that come up in the limited time of his interim appointment.

But so would Dukakis. Or maybe he wouldn’t. Is that so bad?

Why must Kirk be promoted at Dukakis’s expense, by painting the former governor as a stubborn, aging, trash-collecting eccentric?

It’s pathetic to read the whispers of unnamed party officials who suggest that “an independent streak’’ makes Dukakis unsuitable for Washington. It’s sad to hear the 20-year-old jokes about a politician who left office to teach college students, not make millions in lobbyist fees; who walked away from elective office but stayed in the fight for public policy; who knows what he believes in and isn’t afraid to state it; and who has a humble side, at odds with the over-inflated political ego that is a Washington staple.

In New York, Caroline Kennedy tried and failed to win appointment as Hillary Clinton’s replacement, after the former first lady and presidential candidate left the Senate to become secretary of state.

But in Massachusetts, the Kennedy legacy has more staying power and the Kennedy family thinks it should have more to say about who carries it forward. Ted Kennedy’s temporary replacement must reflect Kennedy’s values and embody his spirit, as they define it. The interim senator will hold the job only until a new senator is elected on Jan. 19. But the person should be more than a seat-warmer, not that either Kirk or Dukakis fits that description.

As James Michael Curley once said, “Every time you do a favor for a constituent, you make nine enemies and one ingrate.’’

Camelot’s last hurrah is a dilemma for Patrick.

If it’s a last hurrah. One of Joe Kennedy’s twin sons supposedly covets the Eighth Congressional District seat that his father once held. Its current occupant, Representative Michael Capuano, is running to replace Ted Kennedy in January’s special election. A Capuano win would leave an opening for another Kennedy-for-Congress campaign.

The torch may yet be passed to another Kennedy generation. No one wants to get burned.


NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


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