Tuesday, June 30, 2009

McMullen Leaving House For USDA Post

Rep. Ryan McMullen said today he will resign his House seat in mid-July to become State Director of Rural Development for the United States Department of Agriculture (USDA).
The announcement came as U. S. Agriculture Secretary Tom Vilsack unveiled several Obama Administration nominations to federal agriculture posts across the country.
“My legislative career has focused on needs of the chiefly rural Oklahomans I represent in the Legislature,” said McMullen, D-Burns Flat. “I am honored to play an even larger leadership role in addressing the challenges facing rural Oklahoma’s communities and small businesses.”
USDA Rural Development coordinates federal assistance to rural areas of the nation, focusing on preserving and improving the quality of life for rural Americans. McMullen will be responsible for leading these efforts across Oklahoma, as he becomes head of the approximately 100 employees and 13 regional offices that comprise USDA Rural Development’s commitment in Oklahoma.
In 2004 McMullen was elected to the legislature at the age of 25, and has served a district that includes the four counties of Washita, Kiowa, Caddo, and Canadian, stretching from the Oklahoma City suburbs and encompassing a large amount of rural southwestern Oklahoma. McMullen defeated fellow Democrat John English, son of former Congressman Glenn English, in the primary and some speculate English may seek the seat again.
Early in McMullen’s career, he was elected by colleagues to serve in one of five elected leadership positions in the House of Representatives. McMullen’s service as Chairman of the Democratic Caucus made him the youngest legislator in Oklahoma history to be elected to House leadership. He currently serves as the ranking member of the House Agriculture and Rural Development Committee.

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Monday, June 29, 2009

Commission Employees Face Unpaid Furloughs

The Corporation Commission will close one day a month beginning in August as it faces an expected $2.3 million agency budget shortfall.
Employees will be placed on unpaid furlough during the days the commission is shut down on the dates of August 10th, September 4th, October 19th, November 25th, December 24th and January 4th.
Other furlough dates for 2010 likely will be necessary, officials said.

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Sanford And Sin...

Hastings Wyman of the Southern Political Report weighs in with a piece on the feet of clay demonstrated by the sexual escapades of Republicans and Democrats.
Read it at http://www.southernpoliticalreport.com/storylink_629_922.aspx.

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Sunday, June 28, 2009

The Gadfly On The Wall

Return To Duty: Grandson Colby Stuck, the Navy Seabee with a tour in Iraq under his gunbelt, departs today for a tour in Afghanistan. Not exactly a welcomed development by his parents or grandparents, but it's what he wants and he is a dedicated Seabee. Colby's a Yukon High School graduate who works with his Dad building homes. In the Navy, he's a construction specialist and the squad machinegunner.
Media Hustler: Leave it to Jesse Jackson to insert himself into the furor surrounding the death of Michael Jackson. Anytime there's a camera or microphone around...there's Jesse, the media hustler.
River City: Expect more revelations from the probe of the School Land Commission. There is, as the saying goes, "trouble in River City" and in this case, "River City" is the Commission.
Family History: From Cousin Paul Matthews of Aurora, Colorado comes a piece of Clan McCarville history. "I recently found something that seemed interesting about the McCarville family. My maternal grand parents were I.D. and Ellen (Talty) McCarville. My mother Margaret was the eldest of their seven children (all deceased) who lived through adulthood. One of the brothers, Edwin Joseph McCarville, unfortunately died at the very early age of 16 of appendicitis. At some point my mother gave our youngest daughter Kathryn (KT) a footstool that had been in the family for many years. KT always cherished this small piece of furniture because her grandmother had given it to her. Time was catching up and it was coming apart. KT asked me if I could repair it for her. I had to completely take it apart and in doing so I discovered something surprising. On the main piece of wood, written in lead pencil, were the words E.J. McCarville Audubon Ia, Oct 15 1929. Apparently Edwin had built this footstool in his High School shop class slightly more than one year prior to his death on November 10th 1930."

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Friday, June 26, 2009

Benge Approves 124 Interim Studies

House Speaker Chris Benge announced today the approval of 124 interim studies.
For a full listing of the approved studies, go to http://www.okhouse.gov/Committees/ShowInterimStudies.aspx.

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Want A Friday Smile? Take A Look At This

http://growingbolder.com/media/technology/vehicles/romancing-the-road-259598.html

Thursday, June 25, 2009

Bartlett Jr. Seeks Tulsa Mayoral Seat

Former Tulsa City Council member Dewey Bartlett Jr. announced today he is a Republican candidate for mayor.
Bartlett, 62, heads the family's Keener Oil Company. He is the son of the late Dewey F. Bartlett, former governor and U. S. senator.
Bartlett seeks to succeed Democrat Kathy Taylor, whom he endorsed in 2006.
“We must focus on our basic infrastructure and public safety priorities, while trimming our budget responsibly and conservatively,” Bartlett said of Tulsa city government.
“I am a conservative businessman and I know how to create jobs and grow industry. I’m not interested in growing government. I’m interested in growing jobs.”
Bartlett previously sought the mayor's office and a seat in the Oklahoma Senate.

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Inhofe Named To AF Academy's Board Of Visitors

Senator Jim Inhofe, a senior member of the Senate Armed Services Committee, has been appointed to the Air Force Academy's Board of Visitors.
The board considers issues such as morale, discipline, curriculum, instruction, equipment, fiscal affairs and academic methods and prepares reports for congressional committees and Pentagon officials on the academy's operation.

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Wednesday, June 24, 2009

Committees Named For 34 Interim Studies

Senate President Pro Tem Glenn Coffee announced today the approval of thirty-four interim studies and their committee assignments. The studies will be conducted between now and the beginning of the next legislative session in February, 2010.
Nineteen Senators requested interim studies in a variety of areas of concern to them and their constituents. Some studies are a result of legislation filed in 2009 for which further study was required or requested before moving the legislation forward.
“The interim studies requested and approved represent a broad range of interests and concerns to the members of the Senate and to the citizens of Oklahoma,” Coffee said. “We look forward to a very productive interim period and the findings of these studies.”
Coffee assigned interim studies to eight committees and two Appropriations subcommittees. The Energy, Retirement & Insurance, and Health & Human Services Committee, along with the Appropriations-Health and Human Services Subcommittee will be most active in the interim.
A complete list of requested studies and their assignments can be found on the Senate website at www.oksenate.gov.

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Feet Of Clay: South Carolina's Sanford Admits Affair, Resigns As GOP Association Chairman

Republican Governor Mark Sanford of South Carolina admitted Wednesday to an affair, and resigned his position as chair of the Republican Governor's Association following a strange week in which the governor dropped off the grid and could not be located.
“I have been unfaithful to my wife. I developed a relationship with what started out as a dear, dear friend from Argentina,” Sanford said in a rambling and often emotional news conference at the state capital in Columbia.
“I’m a bottom line kind of guy I’m just gonna lay it out. It’s gonna hurt and I’m going to let the chips fall where they may,” Sanford said.
Sanford apologized to his wife, Jenny, and his children:“To Jenny, anybody who has observed her over the last 40 year of my life knows how closely she has stood by my side in campaign, after campaign, after campaign,” he said.
“I’ve let down a lot of people, and that’s the bottom line,” he said.
Sanford said his family did know about the affair before his trip to Argentina, and that he had spoken with his father in law about the situation
Asked if he and his wife had separated, Sanford responded, “I don’t know how you want to define that. She’s there, I’m here.”
“What I did was wrong, period,” he said. “I spent the last five days crying in Argentina.”
The governor said that his staff did not deserve blame for giving misleading statements about his whereabouts to the press - first that he was off writing and then that he was hiking the Appalachian Trail. “That’s my fault in shrouding this larger trip,” Sanford said. “I just said, ‘Hey guys, this is where I’m gonna go.’ ”
The announcement was the latest twist in a story that began as a mystery but now has turned into a fiasco for Sanford, whose staff provided a series of increasingly confusing cover stories when his whereabouts became the subject of global news coverage.
“I don’t know how this thing got blown out of proportion,” the governor told The State newspaper of Columbia, S.C., after he landed at the Atlanta airport Wednesday morning. Sanford, a conservative Republican who had a promising future in national politics, is now not only the butt of jokes but has serious questions to answer about the bizarre series of events.
Graphic courtesy Fox News.

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Todd Hiett Says He Won't Run In 2010

Former House Speaker Todd Hiett says he's not a candidate for anything.
Hiett told the Tulsa World that while he has a campaign account open for the 2010 lieutenant governor's race, he is not running.
The Kellyville Republican said he had considered the race but decided against a campaign.
He is supporting Senator Todd Lamb of Edmond, who has yet to officially announce his candidacy.
Hiett said he is still active in the state Republican Party and wants to be a person who helps politicians, not be a politician himself.
Read the story at www.tulsaworld.com.

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Tuesday, June 23, 2009

'Watch What What He Does, Not What He Says'

Republican activist and blogger Steve Fair has a thoughtful opinion piece on President Obama and his stand on gun control: "Watch what he does and not what he says," cautions Fair.

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Monday, June 22, 2009

OCPA Names Claunch As Executive Director

Former State Rep. Forrest Claunch of Midwest City is the new executive director of the Oklahoma Council of Public Affairs.
Dr. David Brown, Chairman of the Board of the Oklahoma Council of Public Affairs, announced Claunch's appointment today: "Forrest has served in Operations and Special Projects since February 2008, and will assume the duties of Executive Director of OCPA immediately. This appointment will enable the continuity of our work while the OCPA Presidential Selection Committee continues the process of selecting a new President.
"Forrest brings detailed knowledge and a passion for the important efforts of OCPA to advance the research and analysis of public issues in Oklahoma from a perspective of limited government, individual liberty and a free-market economy," Dr. Brown continued, "and his experience in the private sector and ten years in the Oklahoma State House of Representatives have proven an asset to OCPA."

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Citizens Question BATFE Gun Buy Tactics

From The National Rifle Association's Institute For Legislative Action ~ NRA-ILA has recently received several calls from NRA members in border states who have been visited or called by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives. In some cases, agents have asked to enter these people's homes, and requested serial numbers of all firearms the members possess.
In each case, the agents were making inquiries based on the number of firearms these NRA members had recently bought, and in some cases the agents said they were asking because the members had bought types of guns that are frequently recovered in Mexico.
This kind of questioning may or may not be part of a legitimate criminal investigation.
For example, when BATFE traces a gun seized after use in a crime, manufacturers' and dealers' records will normally lead to the first retail buyer of that gun, and investigators will have to interview the buyer to find out how the gun ended up in criminal hands.
But in other cases, the questioning may simply be based on information in dealers' records, with agents trying to "profile" potentially suspicious purchases.
On the other hand, some of the agents have used heavy-handed tactics. One reportedly demanded that a gun owner return home early from a business trip, while another threatened to "report" an NRA member as "refusing to cooperate."
That kind of behavior is outrageous and unprofessional.
Whether agents act appropriately or not, concerned gun owners should remember that all constitutional protections apply. Answering questions in this type of investigation is generally an individual choice. Most importantly, there are only a few relatively rare exceptions to the general Fourth Amendment requirement that law enforcement officials need a warrant to enter a home without the residents' consent. There is nothing wrong with politely, but firmly, asserting your rights.
If BATFE contacts you and you have any question about how to respond, you may want to consult a local attorney. NRA members may also call NRA-ILA's Office of Legislative Counsel at (703) 267-1161 for further information. Whether contacting a local attorney or NRA, be sure to provide as many details as possible, including the date, time, and location, agent's name, and specific questions asked.

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Sunday, June 21, 2009

Taylor 'May Consider' Higher Office Run

By P.J. Lassek/Tulsa World Staff Writer ~ Mayor Kathy Taylor may be more of a politician than she claims.
Earlier this month, she unexpectedly aborted her re-election campaign saying she’s a business woman, not a politician pointing to what she called “partisan politics” playing out between her and the City Council.
But on Friday, Taylor told the Tulsa World that she may consider a possible run at another elective office or accept a public appointment.
Read the complete story in Sunday's Tulsa World.

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Saturday, June 20, 2009

Ethics Commission Votes To End 'Gag Rule'

The Ethics Commission has voted to end its "gag rule" on those who file ethics complaints.
Commissioners voted unanimously on Friday for the rule change, which will be submitted to the Legislature, and unless it is rejected there, it goes into effect.
The commission adopted a resolution stating the change is more in line with current law on First Amendment rights.

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Friday, June 19, 2009

Lucas: Government-Run Health Care No Answer

There has been a growing sense of frustration in this country over the rising cost of health care, and this problem has recently been compounded by our ailing economy as Americans are losing their jobs and struggling to make ends meet.
By Congressman Frank Lucas
I know there are many families in Oklahoma who currently do not have health insurance- making one sick child a potential family crisis. I host 50 town halls a year across the Third Congressional District, and when the topic of health care comes up, people consistently tell me they are happy with their doctor, their coverage, and their hospital, but are concerned about the cost and the accessibility, especially in more rural areas.
In a country as advanced as the United States, we should be able to provide quality health care coverage that is affordable and accessible to every American while preserving patients’ rights to select their own doctors, their own health care coverage, and their own courses of treatment. However, a government run health care system, like the one currently being drafted by congressional Democrats, will not provide this.
The system they are discussing will use a “public option”- one that is similar to the systems used in Canada or France. And while those systems might do a good job of meeting routine needs for their citizens, like taking their blood pressure or providing vaccines, they ration treatment for more severe problems creating a backlog of patients waiting for treatments. For that reason, you have Canadians traveling in to the United States to pay out of their pockets for expensive treatments, like MRIs, because they can’t afford to wait to receive them.
Under the proposed “public option” plan, Speaker Pelosi and President Obama will take our health care system, a system that is the most effective, efficient, and innovative in the world, and turn it inside out. While there are issues within our system that need to be addressed, we don’t need to reinvent the wheel.
Right now, this country is running a deficit of over $11 trillion, and that number is expected to continue to climb once President Obama’s appropriations packages are passed in Congress. So, in order to pay for this estimated $1 trillion plan, they will dramatically increase taxes on all Americans, including those who are already struggling to pay for their own health care, as well as struggling to put dinner on the table.
Simply put, this is not good policy. We need to refocus our efforts to make changes in our health care system that are efficient and cost-effective, while continuing to ensure that patients come first, that the doctor-patient relationship is not disrupted by bureaucrats in Washington, and that health care treatments are never rationed out by government officials.

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Thursday, June 18, 2009

Former Auditor Roger Melson Faces 174 Counts

Former Land Office auditor Roger Melson today faces 174 grand jury counts of embezzlement and allegations he stole $1.16 million in royalty payments to fuel his gambling.
Melson appeared Thursday in Oklahoma County District Court. Prosecutors allege he stole the money over the last five years.
Assistant Attorney General Joel-lyn McCormick says $23,000 of the missing money has been found in a private bank account. The search for more of the money continues, she added.
District Judge Patricia Parrish set Melson's bond at $174,000, or $1,000 for each felony count.
Melson's defense attorney, Billy Bock, says his client is "very sorry for putting himself and his family in this position."

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Inhofe Spokesman Lands Bixby Manager Post

It's reported today that Blu Hulsey, a spokesman for Senator Jim Inhofe and the former town coordinator in Skiatook, will be named today as the new city manager of Bixby effective July 1st.
Hulsey is being named to the position less than a month after the previous city manager resigned after a dispute with the City Council.

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The Verdict Examines Plight Of Newspapers

"The Plight of Newspapers Today" is the topic of discussion on The Verdict this Sunday at 9 a.m. on Cox Channel 7 in Oklahoma City and Cox Channel 3 in Tulsa.
Joining hosts Kent Meyers and Mick Cornett are Mary Mélon, publisher of The Journal Record and Ted Streuli, the newspaper's managing editor.
The Verdict repeats on Cox 7 in Oklahoma City and Cox 3 in Tulsa on Monday at 9:30 a.m., Tuesday at 10:00 a.m. and Wednesday at 10:00 a.m.

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Wednesday, June 17, 2009

Inhofe Says No To Sotomayor Nomination

Senator Jim Inhofe said today he'll vote against confirming U.S. Circuit Court Judge Sonia Sotomayor's nomination to the U. S. Supreme Court.

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Ensign Bows Out Of GOP Leadership Post

Republican Senator John Ensign of Nevada has stepped down from his leadership post one day after admitting he carried on an affair with a female campaign staffer.
Ensign conveyed his decision in a phone call with Senate Republican Leader Mitch McConnell, who said he had accepted the resignation.
Ensign was chairman of the Republican Policy Committee, the fourth-ranking spot in the leadership.
A timeline issued Tuesday said Ensign was involved in a "consensual affair" from December, 2007 through August, 2008.

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Report: Sandy Coats New Prosecutor

Okie Pundit reports today that Sanford “Sandy” C. Coats will be the new United States Attorney for the Western District of Oklahoma.
Coats, an Assistant U.S. Attorney, will replace John C. Richter, who was appointed by former President George W. Bush.
Coats is a 1998 graduate of the OU College of Law and comes from a prominent Oklahoma family of conservative Democrats. His father Andrew Coats, former Oklahoma County District Attorney and mayor of Oklahoma City, is now Dean of the OU College of Law.

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Tuesday, June 16, 2009

Coburn, White House Spar Over Projects

WASHINGTON/from www.tulsaworld.com ~ U.S. Sen. Tom Coburn issued his own report Tuesday questioning billions in specific stimulus projects, complete with a photo of actors Bruce Willis and Haley Joel Osment in the decade-old film “The Sixth Sense.”
Instead of dead people, the Oklahoma Republican’s report has Osment’s character seeing stimulus checks.
Without Coburn’s Hollywood flair, the Obama administration questioned the senator’s claims.
White House spokesman Robert Gibbs said Coburn’s “report appears to be, in many, many cases, just flat out wrong.’’
“This president has taken historic steps to ensure that there is adequate transparency and that this money is spent the way it’s intended to be used,’’ Gibbs said.
“There are projects within the report that haven’t been funded — have been canceled based on our own looking into this.’’
Coburn, who voted against the massive $787 billion stimulus package earlier this year, included two Oklahoma projects in his report on 100 of what he said are the worst examples of waste in the American Recovery and Reinvestment Act.
Read the entire report at www.tulsaworld.com.

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Iraq Veterans Endorse Calvey For Congress

Iraq Vets for Congress announced today that it is supporting Republican Kevin Calvey to replace Congresswoman Mary Fallin, who is running for governor.
“Leaders lead by example and Kevin Calvey set a great example,” said Kieran Lalor, Chairman of Iraq Vets for Congress.
“He joined the Army National Guard after the start of the Iraq War, at age 37, when he was already a successful businessman and elected official.
“Calvey's mission in Iraq was to prosecute al Qaeda leaders and other terrorists in the Iraqi court system. Kevin was awarded the Bronze Star Medal for his service. Moreover, when a man endures hardships to stand up against terrorists, we know he will also be able to stand up to the special interests who have captured our government,” the group's statement said.

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Monday, June 15, 2009

Edmondson Joins Pro-Gun Letter Signers

Attorney General Drew Edmondson is among 23 top law enforcement officials who have signed a letter to Attorney General Eric Holder, expressing opposition to reinstatement of the federal ban on semi-automatic firearms.
"We share the Obama Administration's commitment to reducing illegal drugs and violent crime within the United States," the letter reads. "We also share your deep concern about drug cartel violence in Mexico. However, we do not believe that restricting law-abiding Americans' access to certain semi-automatic firearms will resolve any of these problems."
The letter notes congressional opposition to bringing back the ban, and calls for increasing enforcement of existing laws.
Read the entire letter: http://www.nraila.org/media/PDFs/SemiAutostateAGsLetter061109.pdf.

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Several Republicans Eye Boren Seat

Muskogee Politico has a post on two little-known Republican candidates for Congress in the 2nd District. The incumbent is Democrat Dan Boren.

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Sunday, June 14, 2009

Flash Point Focuses On Behenna Case

The case of Army Lt. Michael Behenna of Edmond, convicted by a military tribunal of killing a known Al Qaida operative in Iraq, was discussed on KFOR-TV's "Flash Point" show today.
Behenna's conviction came after military prosecutors withheld evidence from their own forensics expert favorable to Behenna, an act former federal prosecutors say demands Behenna be given a new trial.
Behenna's mother, federal prosecutor Vicki Behenna, discussed the case with Mike Turpen and guest Jeff Cloud, substituting for Kirk Humprheys.
Also discussing the case, and calling for a new trial, were former federal prosecutors Robert McCampbell and Dan Webber.
Appeals in the case have been directed to the commanding general of the 101st Airborne Division at Fort Campbell, Kentucky, and to the secretary of the Army.
For more information on the case, go to http://www.defendmichael.com/.

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It's Flag Day

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Saturday, June 13, 2009

Gresham, McCarville Discuss Anti-Gun Bias

Nationally-syndicated radio talk show host Tom Gresham of Gun Talk discusses anti-gun bias with National Rifle Association commentator and blogger Mike McCarville on Sunday.
The discussion follows Gresham's appearance last week on the NRA's Cam & Company show with host Cam Edwards and McCarville; Edwards' show is broadcast at NRANews and on Sirius Satellite Radio Patriot Channel 144.
Gresham's show airs from 8 to 9 a.m. Sunday on NewsRadio 1000 KTOK. His complete show airs from 6-9 p.m. Sunday nights on Sirius Channel 108 and XM Channel 139.

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Boren Opening Durant District Office

Congressman Dan Boren is opening a new district office in Durant.
The office, located at 112 N. 12th Ave., will open Monday to assist citizens in Durant, the rest of Bryan County, Atoka County, Johnston County, Coal County, Choctaw County, Hughes County, and the Lake Texoma area.
The Durant office will be staffed by Joe Hill, Field Representative, and Scott Smith, Caseworker, from 8 a.m. to 5 p.m. Monday through Friday.
Hill will continue serving the southwestern portion of the Second Congressional District as a community liaison for constituents, civic organizations, as well as local, county, and state government agencies.
Smith will be available to help resolve citizens’ issues with federal agencies.

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The Verdict Features Bikers Against Child Abuse

The Verdict focuses this weekend on "Bikers Against Child Abuse," with guests Toy and Tree Monkey. Toy is the PR spokesman and Tree Monkey is the security officer for the Central Oklahoma Chapter of the organization.
The Verdict, with hosts Kent Meyers and Mick Cornett, can be seen on Cox Communications Channel 7 in Oklahoma City, and Channel 3 in Tulsa Sunday at 9:00 a.m., Monday at 9:30 a.m., Tuesday at 10:00 a.m. and Wednesday at 10:00 a.m.
Photograph by Shiela Gilley.

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Friday, June 12, 2009

The Gadfly Bouncing Off The Wall

Get A Life: The Israeli journalists (and others) who find offense at a photograph of the president of the United States at his desk with his feet propped up (and thus showing the soles of his shoes) need to get a life. In some cultures, it is an insult to show your soles; in America, it is not. In some circles, it appears, a casual photo is taken as a deliberate statement of your philosophy. To those with nothing better to do, it seems, railing about imagined slights furthers whatever your cause might be. Barack Obama can be faulted for many things; being photographed on the phone deep in conversation with the soles of his shoes showing is not among them.
Absurd: A nutcase walks into the Holocaust Museum in Washington with a rifle and kills a guard. Now, the anti-gun moonbats are wailing the act clearly shows the need for tougher gun laws, especially in the District of Columbia. Let's see if I get this: The shooter violated, oh, probably four or five laws. And a new law would have stopped him? It's a knee-jerk reaction, typical of the lightweights, the belief that a new law aimed at the law-abiding will somehow magically correct the actions of the law-breaker. It is asbsurd.

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Thursday, June 11, 2009

Ritze, Reynolds Want Judge Ousted

Two lawmakers want a McAlester judge to be removed from office following a controversial sentencing decision, they said today.
House Resolution 1065, by Reps. Mike Ritze and Mike Reynolds, calls for the Oklahoma House of Representatives to petition the Trial Division of the Court on the Judiciary to assume jurisdiction and institute proceedings to remove District Judge Thomas Bartheld, Pittsburg County Judge of the Eighteenth Judicial District, from office.
The resolution cites “gross neglect of duty” as the reason for removal.
“The people in Oklahoma must have confidence in the courts to deliver impartial justice,” said Ritze, R-Broken Arrow. “Clearly, that did not happen in this case and I have heard from many constituents who are outraged.”
“While it would be simpler and better if the governor or attorney general would step up and take this action, we have filed the resolution to ensure the process can move forward regardless,” said Reynolds, R-Oklahoma City.
David Harold Earls, 64, was recently sentenced to a year in prison for raping a four-year-old girl in Pittsburg County. The sentence was the result of a plea agreement reached by prosecutors and the defense attorney.
The sentence and Bartheld have received national attention and criticism as a result of the case.

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Weight Of Behenna Case On General's Shoulders

The commanding general of the 101st Airborne Division, Brigadier General Stephen Townsend (in black) of Ft. Campbell, Kentucky, now has the weight of the clemency case for Lt. Michael Behenna of Edmond on his shoulders.
Behenna is now serving a 25-year sentence after being convicted by a military tribunal of killing a known Al Qaida operative in Iraq. His case became a nationwide cause when it was revealed that military prosecutors knowingly withheld evidence favorable to him until the trial was over. That evidence came from the prosecution's own forensics expert, who said Behenna's explanation of how Ali Mansur died fit the evidence. The prosecution did not call the expert to testify and sent him home. He revealed his findings to Behenna's defense attorneys after the trial was over. An appeal to the tribunal based on the withholding of exculpatory evidence was dismissed.
Now, an appeal for clemency has been prepared by his attorneys and presented to Townsend, who has the option of ordering a new trial, dismissing the case entirely, or modifying Behenna's sentence. The tribunal, after hearing the appeal, did recommend a reduction in the sentence.
Recently, dozens of well-known Oklahomans, including University of Oklahoma President David Boren, Attorney General Drew Edmondson, Oklahoma County District Attorney David Prater and a number of former federal prosecutors, wrote the Secretary of the Army asking him to order a new trial.
Senator Jim Inhofe and Congresswoman Mary Fallin have expressed their concern about the (mis)handling of the case to military officials.
Others have declared it a clear case of prosecutorial misconduct.
Meanwhile, a petition calling for action has drawn more than 2,600 signatures and can be signed at http://www.defendmichael.com/.
Behenna, the son of federal prosecutor Vicki Behenna and retired OSBI agent Scott Behenna, had been recognized for his combat leadership before he was charged in the death of Mansur.

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Wednesday, June 10, 2009

The Oklahoman Editorial: Should Oklahomans Worry About Concealed Carry Licensees?

The Oklahoman Editorial ~ "If the number of concealed handgun license holders is any indication,” said a Tulsa World story two years ago, "robbers may have to worry about more than stolen goods during a heist.”
Should Oklahomans now worry about those license holders, given the fact that one of them recently killed a 16-year-old who was attempting to rob his pharmacy?
We don’t think so, but the question must be asked. The state has nearly 78,000 concealed carry permit holders; the number is growing by the day. Incidences involving permit holders, however, are extremely rare.
Nevertheless, reporting by The Oklahoman’s Nolan Clay on the mental state of Jerome Ersland raises questions about the law and whether Ersland should have been issued a permit.
Read the entire editorial at http://www.newsok.com/shooting-raises-question-on-concealed-carry-permits/article/3376400?custom_click=pod_headline_opinion-oklahoman-editorials.

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Pioneer Oklahoma Blogger Signing Off

Mike Hermes says he's had enough. The pioneer blogger, whose rational, challenging, often-witty, thought-provoking OkieDoke posts have covered almost all things, writes today that he'll have a final post before moving on to a book project.
Hermes, who publishes the Little Axe Ledger, founded the Okie Blog Awards and organized the annual Okie Bloggers Roundup.
Hermes began his blog on July 4th, 2003.

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Edmondson Makes Governor's Race Official

Attorney General Drew Edmondson confirmed today that he will seek the Democratic nomination for governor, a seat once held by his uncle, the late J. Howard Edmondson.
Edmondson, the son of the late Congressman Ed Edmondson, joins Lt. Governor Jari Askins in the race, which is expected to see a record sum spent in a Democratic primary for the office.
Edmondson said his advisers believe the race will cost between $5 million and $6 million: "It is going to be a very expensive race," he said.
Republicans Mary Fallin, 5th District congresswoman, and Randy Brogdon, state senator from Owasso, have announced as candidates for their party's nomination.
Edmondson said the biggest issue facing the next governor will be the state's economy and budget, which this year experienced a $900 million shortfall due to declining energy prices and the faltering economy.

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McAuliffe Bites The Virginia Dust

He was the media darling and had all the money he could spend, but former Democratic National Committee Chairman and Hillary Clinton Campaign Manager Terry McAuliffe was humiliated in Tuesday's Democratic primary for governor in Virginia, losing by a margin of almost 2-to-1.
A state senator and small-town lawyer, Creigh Deeds, pulled off the surprising win with 50 percent of the vote. McAuliffe, who got just 26 percent, and other liberals had criticized Deeds for his vote against a bill that would have restricted some sales at gun shows.
Deeds beat McAuliffe due in part to a strong down-state showing and also showed considerable strength in the northern Virginia suburbs, considered by pundits to be McAuliffe's strongest areas.

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O'Reilly, Rivera Tee Off On McAlester Judge

From The McAlester News-Capital ~ Bill O’Reilly and Geraldo Rivera again condemned local District 18 Judge Thomas Bartheld on a national television program Friday night for his sentence of a child rapist.
During the O’Reilly Factor segment aired on Fox News, they expanded their criticism to include District Attorney Jim Bob Miller, and vowed to take their complaints to Oklahoma’s governor.
“I think the state of Oklahoma has to investigate,” O’Reilly said. “I’m going to ask the governor on Monday to launch an investigation into this and to explain to the American people why a child rapist, who raped not one but two, gets a year in prison. I think if we don’t investigate this, Geraldo, we don’t have a justice system in America.”
Read the entire story at http://www.mcalesternews.com/local/local_story_157175737.html.

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Noted Quote: Teaching A Child To Fish

On the attributes of teaching a child to fish: "Fishing teaches values. It teaches patience when you have to wait, success when you catch a fish, and it helps with esteem when you catch a really big one. And generally, it's fun." ~ Oklahoma City Parks & Recreation biologist Bob Martin, as quoted by The Oklahoman's Bryan Painter.

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Tuesday, June 9, 2009

Scroggins: Lottery Proceeds To Sag

From www.tulsaworld.com ~ Oklahoma Lottery expects to make its required 35 percent obligation to education in the next fiscal year, but the amount will drop, the Oklahoma Lottery Commission was told Tuesday.
The commission approved a proposed 2010 budget calling for $66.7 million to go to education, less than the slightly more than $69 million projected in fiscal year 2009, which ends June 30, said Jim Scroggins, director.
The figure is expected to drop due to a decline in sales, in part because Arkansas is set to start its lottery next year, Scroggins said.
By law, the lottery must give 35 percent of revenues to education.
Since its inception about four years ago, that figure is about $280 million, said Rollo Redburn, director of administration.

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Edmondson To Announce He's Running

Attorney General Drew Edmondson will announce he's a candidate for the Democratic nomination for governor tomorrow, sources say.
Edmondson's entry into the race sets the stage for what most believe will be one of the most interesting, and contested, Democratic primaries for governor, pitting two statewide office holders with access to huge warchests battling over the airwaves and everywhere else.
Edmondson has scheduled press conferences in Oklahoma City, Tulsa and Muskogee. He's already created a campaign fund and initiated an "Edmondson 2010" Internet site.
The press conferences are scheduled for 10 a.m. at the Capitol, 2 p.m. at the Tulsa Press Club and 4:30 p.m. at the Muskogee County Courthouse.
Democrat Askins, of Duncan, Republican Congresswoman Mary Fallin of Oklahoma City and Senator Randy Brogdon of Owasso have already entered the race.

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Edmondson: Expect Commandments Challenge

Attorney General Drew Edmondson said today he expects a legal challenge to the new law that provides for a Ten Commandments monument at the Capitol.
His comments came after a decision Monday by a federal appeals court in Denver declaring that a Ten Commandments monument at a courthouse in Stigler is unconstitutional because its primary effect is to endorse religion.
Rep. Mike Ritze, R-Broken Arrow, is the author of House Bill 1330, which calls for a privately funded monument on the Capitol grounds. Governor Henry signed it into law.
In a statement, Ritze said he believes Oklahoma's monument will withstand a legal challenge because his bill was modeled after a Texas law that withstood a challenge in the U.S. Supreme Court.
But Edmondson told the Tulsa World that Oklahoma's proposed monument more resembles the Haskell County monument than it does the Texas case.
The Texas monument was part of an array of monuments dealing with history and the law, Edmondson said. It was placed by a fraternal organization. Such was not he case in Haskell County, he said.
Edmonson added it is premature to say how a defense to an anticipated legal challenge would be handled. The law says an outside group can handle the defense.
He said even if an outside group provided legal services free, if the state looses, the plaintiff's attorneys could collect legal fees. The group or entity responsible for those fees would need to be worked out, he said.
"We are obligated to defend this statute," Edmondson said. "The Attorney General's Office is committed to do that. I think the question is how far does that defense go? Do we stop at district court? Do we stop at the 10th Circuit or do we take it all the way to the Supreme Court? Each step would add to the potential cost of the defense."
Ritze said that the Haskell County case does not affect efforts to erect a monument at the Capitol. He said that the monument is meant to recognize the historical foundation the Ten Commandments have in modern law.

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Taylor Ready For 1st District Campaign?

Blogger Michael Bates in Tulsa suggests that Mayor Kathy Taylor, who announced last week she won't seek reelection, may be preparing for a congressional race next year, writing, "I'm still inclined to believe that Taylor is setting herself up to run against Congressman John Sullivan next year. It would look crass if she said anything now, while he's still in rehab, but if she waited until he returns -- beginning of July at the earliest -- it wouldn't leave much time before the city filing period for someone else to get ready to run. The 'I'm rising above politics to take care of the city' approach would get her out of the mayor's race, make room for someone else to get in, without seeming insensitive."
Read it all at www.batesline.com.

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Monday, June 8, 2009

Obama's 'Finely Calibrated Press Operation'

The Obamas may have the smartest, most finely calibrated press operation in White House history, parceling out scoops (The New York Times), partisan talking points (the Huffington Post), and First Family tidbits (the celebrity mags) to a desperate media. Just don’t ask them to admit it.
Read this interesting insight into the Obama press operation at http://www.vanityfair.com/politics/features/2009/07/wolff200907?printable=true&currentPage=all.

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Sunday, June 7, 2009

Sullivan, Inman Named Mouths Of The House

From www.tulsaworld.com ~ House Republicans gave Tulsa's Dan Sullivan their party's "Mouth of the House" award, a tongue-in-cheek honor given annually to a member of each party for distinguished or at least lengthy oratory. Sullivan carried more than 125 bills in the House last session, a record according to some legislators.
Rep. Scott Inman of Oklahoma City, known for his lengthy discourses on legislative hypocrisy, was named the Democrats' Mouth of the House.
Freshman Broken Arrow Rep. Mike Ritze was given the "first annual black helicopter award." Ritze is a licensed helicopter pilot.

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Saturday, June 6, 2009

June 6th, 1944...

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AP Analyzes Race For House Speaker

Tim Talley Of The Associated Press reports on the race for speaker of the Oklahoma House: An economist from Edmond and an associate pastor at a Methodist church in Shawnee are the leading contenders to be the next Republican speaker of the Oklahoma House.
Rep. Ken Miller, chairman of the House Appropriations and Budget Committee who holds a doctorate in political economics from the University of Oklahoma, and House Speaker Pro Tem Kris Steele, an associate pastor at the Wesley United Methodist Church of Shawnee who now holds the House’s second ranking position, are vying to replace House Speaker Chris Benge of Tulsa.
Read the entire article at http://newsok.com/two-lead-race-for-oklahoma-house-speaker/article/3375999.

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Friday, June 5, 2009

Schwartz Officially Announces Campaign

Rep. Colby Schwartz confirmed Friday that he is running for lieutenant governor.
“After a lot of thought, prayer, consideration, my family and I feel it is time for me to take my service from the statehouse to all the citizens of Oklahoma,” the Yukon Republican said.
Schwartz, 35, was flanked by his wife, Brenda, and 4-year-old son, Campbell, 4, in making the announcement at the Oklahoma Republican Party headquarters. His daughter, Harper, 1, also attended the event.Schwartz also made his announcement in Yukon and Tulsa.

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Henry Completes Action On 480 Measures

Governor Henry today finished taking action on bills passed during the 2009 legislative session, his office reports.
In all, 480 bills and resolutions were sent to the governor for consideration during state lawmakers’ four-month meeting.
The governor vetoed 21 bills, a new single-session record for him, and used his line-item veto to eliminate one provision of an appropriations measure. He approved the remaining pieces of legislation.

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Coburn Wants To Outlaw Tobacco Products

Senator Tom Coburn is calling for a ban on all tobacco products.
Read the story at http://thehill.com/leading-the-news/republican-senator-seeks-to-outlaw-tobacco-2009-06-05.html.

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D-Day: Remember The Greatest Generation

It is a symbolic day in modern world history that - for Americans - lives as a touchstone of pride and sacrifice within the memory of our souls.
By Rep. Richard Morrissete
The valor of our troops and the requirements of victory: all of the courage and selflessness we could muster on a foreign shore. To protect America and her promise of freedom was the hope of every determined soldier that day and for all of the days to follow to the end of the Great War.
As we approach the anniversary of the event that still stirs our American pride, I think of my dad, Robert Joseph Morrissette of Patton’s Third Army Engineers, marching through Germany to roust out and defeat the last of Hitler’s troops. And, how, even after the Armistice, he carried on to clean up the last of Mussolini’s terrible legacy.
I am the son of a great patriot who taught me by example the value of freedom. That for Americans there is no other choice but to serve for freedom carries with it a high price.
On D-Day, we cannot imagine the challenges our “greatest generation” soldiers faced as they were swept upon the beaches of a rocky coast in France. To live or to die that day were both possible outcomes of the campaign but not to fight was impossible for our patriots - our heroes - including Robert J. Morrissette, my hero, my dad.
Democrat Morrissette serves the people of District 92 in the Oklahoma House of Representatives.

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2nd Amendment Expert On Pharmacy Shooting: 'Imminent threat' Means Just That

Nationally-recognized 2nd Amendment expert Howard Nemerov of Austin, Texas, weighs in on the Oklahoma City pharmacy shooting with an analysis in three parts that focuses on what the law says about "imminent danger" facing law-abiding citizens and what justifies, and does not justify, the use of deadly force.
Read Nemerov's reports at http://www.examiner.com/x-2879-Austin-Gun-Rights-Examiner~y2009m6d2-Justifying-deadly-force-Part-1.

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Thursday, June 4, 2009

Jolley Joins ACYPL Korean Delegation

Senator Clark Jolley (R-Edmond) has been selected by the American Council of Young Political Leaders (ACYPL) as a delegate to the Republic of Korea for a ten day political study program beginning Friday.
Jolley will join five other young political leaders from across the United States to study the South Korean political system, engage in dialogue on international issues and forge professional relationships.

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Taylor Says She Won't Run For Mayor Again

Tulsa Mayor Kathy Taylor said today she will not seek reelection after announcing in February that she would.
That revelation prompted quick speculation the Democrat may seek a statewide office, or the 1st District seat in Congress, or accept a position in the Obama Administration in Washington.
Taylor did not disclose any future plans. She said her decision was based on dissention she has found recently: “In recent weeks, it seems the focus has not been on sound policy for the future but on personalities and partisan politics. I care too much about Tulsa to let that continue to happen. So I’m taking the politics out of the equation and I’m telling you I’ve decided against running for a second term."
Rumors have swirled around City Hall that Taylor was in line for a job in Washington, D.C., but she has repeatedly denied those rumors. Taylor had announced her intentions to run for another term this fall during a kickoff event in February at the Oklahoma Jazz Hall of Fame.
Cartoon from the Tulsa World.

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State Revenue Shortfall Declared; All Appropriations Face Reductions

State revenue collections failed to meet estimates for a fifth consecutive month in May, forcing state officials to declare a revenue shortfall as annual collections fell below the amount needed to meet appropriated funding levels, State Treasurer Scott Meacham announced today.
The state constitution requires the legislature to appropriate no more than 95 percent of the state’s estimated revenues. If actual revenue collections are less than the amount appropriated, there is a “shortfall”and the constitution requires that all appropriation allocations be reduced across-the-board by the amount of the shortfall.
The last such shortfall occurred six years ago during Fiscal Year 2003.
Current revenue collections have fallen below 95 percent of the estimate by $6.8 million or 1.42 percent of June spending allocations.
“Unfortunately, revenue collections have dropped well below the official estimate and even lower than Tax Commission projections made in February,” Meacham said. “Fortunately, the shortfall is relatively small –only 0.1 percent on an annual basis. I am hopeful most agencies will be able to minimize the impact by using unspent funds from earlier in the fiscal year.”
Agencies will receive their monthly allocations from the Office of State Finance next Tuesday, June 9, but Meacham said he is making the announcement today to give advance warning.
“Since January, we have been cautioning that this scenario could occur as Oklahoma experiences the effects of the recession,” he said. “Unfortunately, a revenue shortfall has now occurred and we are forced to make small, across-the-board cuts.”
May collections were below the prior year and the estimate in every major category – income tax, sales tax, and gross production and motor vehicle taxes.
“It appears low oil and gas prices are driving the economic downturn throughout Oklahoma’s economy,” Meacham said.

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Inhofe Names New Communications Staff

Senator Jim Inhofe today announced the addition of a new communications staff in his Washington office.
The new staff includes Communications Director Jared Young, and Deputy Press Secretary Kathryn Heisten. Both are native Oklahomans. Young re-joins the Inhofe office after having previously served as Communications Director at the Institute for the Study of War (ISW), a non-profit think tank in Washington that researches defense policy. Young served in a variety of communication positions with Inhofe and the Inhofe-chaired Senate Environment and Public Works (EPW) Committee from 2001 to 2003. After leaving the EPW Committee, he spent 10 months in Iraq from 2003 to 2004 as a Senior Press Officer and the Director of the International Press Center for the Coalition Provisional Authority.
Born and raised in Midwest City, Young has held communications positions with the Heritage Foundation, the Mitt Romney Commonwealth PAC, and in the private sector as a communications consultant. He recently finished a Masters Degree in International Relations from the University of Oklahoma.
Heisten is being promoted from within the Inhofe office for the second time since she joined the staff in 2007. Initially a Staff Assistant, she was first promoted to Legislative Correspondent where she helped Inhofe communicate with constituents on a variety of issues such as finance and banking. Born and raised in Tulsa, Heisten graduated cum laude from the University of Oklahoma and received a Bachelor of Arts in Journalism.

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2,000-Plus Sign Behenna Petition

More than 2,000 persons have signed a petition seeking a new trial for Lt. Michael Behenna, the Edmond 101st Airborne soldier convicted of killing an Al Qaida operative in Iraq despite evidence favorable to him that was withheld by military prosecutors.
The petition, posted at www.defendmichael.com, asks members of the state's congressional delegation and the Secretary of Defense for a new trial.
Yesterday, dozens of attorneys and prominent Oklahomans asked the Secretary of the Army to order a new trial based on the evidence that was withheld. That evidence came from the prosecution's own forensics expert, who was not called to testify and whose opinion was not shared with the military tribunal. It was revealed only after the trial was over.

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Lamb Names Nickles, Ward To Campaign

Former Senator Don Nickles and Sandridge Energy CEO Tom Ward were announced today as co-chairmen for the Todd Lamb for lieutenant governor campaign even though Lamb has yet to officially announce he's a candidate.
The announcement follows by hours word that Rep. Colby Schwartz of Yukon will announce his campaign for the Republican nomination on Friday.
Lamb, a former United States Secret Service agent who once worked for Nickles and who is now the State Senate Majority Floor Leader, also served as a member of Governor Frank Keating’s staff and currently is general counsel for an Edmond‐based company that provides services for the oil, natural gas and telecommunications industries.
Rep. John Wright of Broken Arrow also is a candidate for the GOP nomination.

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Kim Henry Named To Sarkeys Foundation Post

From The Sarkeys Foundation Website ~ "Sarkeys Foundation announced Wednesday that it has selected First Lady Kim Henry as its new Executive Director.
"She will succeed Cheri Cartwright, the longtime Sarkeys’ executive director who passed away this spring. Henry, a former teacher, has served on the Sarkeys Board of Trustees since 2003.
“'Kim was the natural choice for the job,' said the Sarkeys Board of Trustees in a written statement issued after their decision. 'She has long experience with Sarkeys and tremendous leadership and administrative skills that will serve Sarkeys well going forward.'
"Sarkeys Foundation is a private foundation dedicated to improving the quality of life in Oklahoma by supporting the work of non-profit agencies across the state and offering professional development opportunities in those agencies.
“'I am delighted to serve Sarkeys Foundation in this new role and look forward to working with the board and staff to continue improving the quality of life in Oklahoma,'” Henry said.
"Although Henry will assume her Sarkeys’ duties immediately, she will continue to fulfill all her responsibilities and commitments as First Lady of the State of Oklahoma," the announcement said.
The members of the Sarkeys board of trustees are President Terry W. West, Shawnee attorney; Vice President Richard A. Bell, Norman attorney; Secretary-Treasurer Fred Gipson, Norman retired attorney; Teresa B. Adwan, Tulsa attorney; Kim Henry; Dan Little, Madill attorney; and Joseph W. Morris, Tulsa attorney.
The Sarkeys Foundation, the website reports, was formed in 1962 by S. J. Sarkeys, who was born in Lebanon in 1874 and emigrated to the United States when he was seventeen. On route to South America, he stopped to visit a brother in St. Louis who showed him a new invention: the carbide lamp. Sarkeys found a market for the lamps in Oklahoma and, as he peddled them around the countryside, he began to buy farmland and, later, oil and gas leases. The successful production from these holdings became the basis for the several fortunes he made and lost during his lifetime.
He was ninety when he died in 1965, three years after setting up the Sarkeys Foundation with 2,750 shares of Sarkeys Inc. stock. At the time of his death, the Foundation had made contributions of about $14,000. Since that time, grants totaling over $55 million have been awarded.
With assets of around $100 million, the Foundation provides grants to a diverse group of non-profit organizations and institutions, almost all of which are located in Oklahoma.

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Wednesday, June 3, 2009

Schwartz To Announce Run For No. 2 Post

State Rep. Colby Schwartz of Yukon will announce Friday he seeks the Republican nomination for lieutenant governor next year.
The announcement confirms speculation for some time that Schwartz would seek higher office.
Schwartz obtained his bachelor's degree in political science from Oklahoma City University in 1995. He's a consultant and was legislative and constituent liaison for Lt. Governor Mary Fallin. He served for six years as chairman of the Canadian County Republican Party and is now a member of the Oklahoma Republican Party's budget committee.
Schwartz is not term-limited in the House; he could serve until 2018.

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Prominent Oklahomans Seek New Behenna Trial

An impressive list of prominent Oklahomans has written Secretary of the Army Pete Geren to request a new trial for Lt. Michael Behenna of Edmond, the 101st Airborne soldier convicted of killing an Al Qaidi operative in Iraq.
The Behenna case was marred by what appears to be prosecutorial misconduct when evidence from the prosecution's own forensics expert favorable to Behenna was ignored and withheld from the military tribunal until the trial was over.
Here is the text of the letter:
"Dear Secretary Geren: We write to seek your help in preventing a miscarriage of justice. We believe a new trial is required in the case of United States v. Michael C. Behenna in order to comply with fundamental due process.
"1LT Michael Behenna, a platoon leader in the 101st Airborne Division, was charged with premeditated murder and other military crimes relating to the detention and death of an Iraqi national. Critical evidence that supports 1LT Behenna’s testimony that he shot the individual in self defense was not presented at the military trial. 1LT Behenna was acquitted of premeditated murder but was found guilty of unpremeditated murder and is in custody awaiting final sentencing.
"The following are undisputed facts important to understanding our position that a new trial is warranted:
"● The government’s theory of the case is that 1LT Behenna shot Ali Mansur “execution style” with a first shot to the head and a second shot to the torso. 1LT Behenna’s defense is that he shot Mansur in self-defense as Mansur approached Behenna with his arms raised.
"● The government hired prominent forensics expert Dr. Herbert MacDonell to advise them during the case and to potentially call as a witness.
"● As the case unfolded, and before the government rested its case-in-chief, Dr. MacDonell advised the prosecutors that it was possible that Mansur was standing with his arms raised and was first shot through the torso and secondly shot in the head as he fell. Dr. MacDonell demonstrated this scenario to the prosecutors using prosecution team personnel.
"● After 1LT Behenna testified, Dr. MacDonell again advised another government expert that the forensics of the entry wounds support Behenna’s testimony. The government did not disclose to the defense the fact that their own expert had concluded that Behenna’s version was not just possible but was the “only logical” explanation consistent with the forensic evidence, despite formal requests from Behenna’s counsel before and during the trial for Brady material – evidence potentially favorable to the accused as to guilt or sentencing.
"● The case then proceeded to closing argument without the benefit of Dr. MacDonell’s testimony. In fact, the government argued in closing that Behenna’s version of events was so implausible that the government did not need to call a rebuttal witness when, in fact, Dr. MacDonell was retained in part for the contingency of being such a rebuttal witness. Only after Dr. MacDonell pressed the issue with the prosecutors by sending them an email did the prosecutors disclose his opinion that: '[T]he only logical explanation for this shooting . . .[is] that Ali Mansur had to have been shot in his chest when he was standing. . . . [I]t fits the facts and I can not think of a more logical explanation. [W]hen I heard Lt. Michael Behenna testify . . . I could not believe how close it was to the scenario I had described to you on Wednesday.'
"● This email with its critical content was produced to Behenna’s defense team after the court members (what civilians call the “jury”) had already returned a guilty verdict. Therefore, the court members never learned of Dr. MacDonell’s exculpatory conclusions for their deliberations on guilt or sentencing.
"● The government opposed 1LT Behenna’s new trial, stating in its brief: 'Dr. MacDonell’s opinion that 1LT Behenna’s account was the only logical explanation of the shooting, albeit extremely unlikely or an amazing coincidence, would not have produced a substantially more favorable result for the Accused.'
"● The trial judge reached a similar conclusion. Without specifically finding there was not a Brady violation with respect to the failure to disclose Dr. MacDonell’s conclusions after 1LT Behenna testified, the trial judge ruled, in essence, that 'there is no reasonable probability' admission of Dr. MacDonell’s expert opinion would have led to a more favorable result for 1LT Behenna. With all due respect to the trial judge, we believe it is rank speculation to pretend that even an experienced jurist can know how the court members would react to this startling fact – that the government’s own expert, renowned in the field of forensics, concluded the defense’s theory of the case was 'the only logical explanation for this shooting …'
"In addition, such a finding ignores how the introduction of such evidence would have limited the government’s closing argument and bolstered the defenses. To pretend one can know whether the introduction of Dr. MacDonell’s expert opinion would not have changed the outcome flies in the face of the concept of reasonable doubt, a pillar of the American society that 1LT Behenna volunteered to protect. Fortunately, the military justice system allows for an immediate and fair remedy. Pursuant to Rule 1107(c) of the Rules for Courts-Martial, the convening authority set aside any finding of guilt and order for a new trial.
"To be clear, we are not seeking a statement of 1LT Behenna’s innocence on any charge. We are not asking for a dismissal of charges with prejudice like the relief recently afforded former United States Senator Ted Stevens. Although many of us do believe a Brady violation occurred, we are not seeking a finding of misconduct by the prosecutors. Instead, we simply ask that a new trial be held in which all relevant evidence, including Dr. MacDonell’s testimony, is presented to the fact finders in accordance with due process. Unfortunately, we do not believe such a trial occurred in 1LT Behenna’s case.
"The undersigned are a combination of current or former prosecutors, JAG or other military officers, public defenders, elected officials, law professors, and private sector civil and criminal litigators. We are Democrats, Republicans, and Independents. We all have a stake in seeing due process work in any tribunal, but especially in a proceeding dealing with the loss of life in a combat zone during a war being fought in the very name of the American system of government.
"Sincerely, [See attachment for list of signatories] Cc: Dr. Robert Gates, U.S. Secretary of Defense U.S. Senator Jim Inhofe U.S. Senator Tom Coburn U.S. Representative Dan Boren U.S. Representative Tom Cole U.S. Representative Mary Fallin U.S. Representative Frank Lucas U.S. Representative John Sullivan
Signatories David Boren Former U.S. Senator and former Chairman of the U.S. Senate Select Committee on Intelligence Norman, Oklahoma Pat Ryan Partner, Ryan Whaley Coldiron Shandy Former U.S. Attorney for the Western District of Oklahoma (1995-1999) Former JAG trial counsel, United States Air Force Oklahoma City, Oklahoma Robert McCampbell Partner, Crowe & Dunleavy Former U.S. Attorney for the Western District of Oklahoma (2001-2005) Oklahoma City, Oklahoma Dan Webber Partner, Ryan Whaley Coldiron Shandy Former U.S. Attorney for the Western District of Oklahoma (1999-2001) Oklahoma City, Oklahoma David Prater District Attorney of Oklahoma County, Oklahoma City, Oklahoma Henry Hockheimer Partner, Ballard, Spahr, Andrews & Ingersoll Former Assistant U.S. Attorney Philadelphia, Pennsylvania Robert L. Wyatt, IV Wyatt Law Office Member of the Board of Directors of the Oklahoma Criminal Defense Lawyers Association (OCDLA); Life Member, National Association of Criminal Defense Lawyers (NACDL) Oklahoma City, Oklahoma Wes Lane President, Burbridge Foundation Former District Attorney of Oklahoma County, Oklahoma City, Oklahoma Drew Neville Partner, Hartzog Conger Cason Neville Former Assistant U.S. Attorney for the Western District of Oklahoma Oklahoma City, Oklahoma Drew Edmondson Attorney General, State of Oklahoma Oklahoma City, Oklahoma Michael Madigan Partner, Orrick, Herrington & Sutcliffe LLP, Former Assistant U.S. Attorney and former Counsel to the Senate Watergate Committee Washington, D.C. Andrew Coats Dean, University of Oklahoma College of Law; former District Attorney for Oklahoma County; former President of the Oklahoma Bar Association; former President of the American College of Trial Lawyers Norman, Oklahoma William S. “Bill” Price Of Counsel, Phillips Murrah P.C. Former U.S. Attorney for the Western District of Oklahoma (1982-1989) Oklahoma City, Oklahoma Lanny Davis Partner, Orrick, Herrington & Sutcliffe Former Special Counsel to President Clinton Washington, D.C. Bob Ravitz Public Defender for Oklahoma County Oklahoma City, Oklahoma David Ogle Ogle Law Office Former President of the Oklahoma Criminal Defense Lawyers Association (OCDLA); Life member of the National Association of Criminal Defense Lawyers (NACDL) Oklahoma City, Oklahoma Rand Eddy Managing Partner, Eddy Law Firm; former Assistant Federal Public Defender for the Western District of Oklahoma; former Assistant Public Defender, Oklahoma County, Oklahoma Oklahoma City, Oklahoma Dennis A. Smith Oklahoma District II District Attorney Former President, Oklahoma District Attorney's Association Arapaho, Oklahoma John W. Gile Attorney At Law Edmond, Oklahoma Warren F. Bickford Partner, Fellers Snider Blankenship Bailey & Tippens Oklahoma City, Oklahoma John Coyle Coyle & Coyle Oklahoma City, Oklahoma Mack Martin Martin Law Office Oklahoma City, Oklahoma Jack Dawson Miller Dollarhide Dawson & Shaw Oklahoma City, Oklahoma Stephen Jones Jones, Otjen, Davis, & Tebow Enid, Oklahoma Ross N. Lillard III, Esquire Captain, United States Army (retired) Oklahoma City, Oklahoma Reid Robison Stockholder and Vice-President, McAfee & Taft; former Assistant Attorney General, State of Oklahoma; Captain, United States Air Force JAG Corps (retired) Jim Kirk Partner, Kirk & Chaney President, Oklahoma County Bar Association Oklahoma City, Oklahoma"

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David Holt Seeks Coffee's SD30 Seat

David Holt, chief of staff to Oklahoma City Mayor Mick Cornett and a longtime conservative Republican activist in northwest Oklahoma City, has announced his candidacy for the Senate District 30 seat now held by term-limited Senate President Pro Tem Glenn Coffee. The district includes portions of Northwest Oklahoma City, Bethany, Warr Acres and The Village.
Holt announced via an online video filmed in front of Wiley Post Elementary School in the 30th District, where Holt attended and where his mother was PTA President. The video can be viewed at http://www.votedavidholt.com/.
Holt was raised in Northwest Oklahoma City, attending Putnam City Schools from kindergarten through graduation.
Holt served in the Bush White House, worked for U.S. House Speaker Dennis Hastert, for Lt. Governor Mary Fallin, and several members of Congress from Oklahoma.
Holt and his wife Rachel have been married for six years. They met at George Washington University, where he obtained a Bachelor of Arts in Political Science. Rachel is a prosecutor in Oklahoma County, and they attend St. Paul’s Episcopal Cathedral.

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Tuesday, June 2, 2009

Sullivan Granted Leave Of Absence

From www.tulsaworld.com ~ U.S. Rep. John Sullivan, who is fighting alcohol addiction, officially requested a leave of absence from Congress on Tuesday for the balance of the month.
Submitted in writing by House Minority Leader John Boehner of Ohio, the Oklahoma Republican’s request was granted without comment.
Sullivan’s request was the first official indication as to how long the 44-year-old lawmaker could be away from the House of Representatives as he seeks treatment for his alcohol addiction.

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Election Board Finds 'Reasonable Explanations' In Most 'Dead Voter' Cases Cited By World

State Election Board Secretary Paul Ziriax today issued the following statement:
The State Election Board staff has been investigating the ten “deceased voters” identified by the Tulsa World who were recorded as voting.
So far we have found reasonable explanations in 9 of these cases. The tenth is still under investigation.
Here is the gist of what we have found so far:
In two of the cases, the voters died after voting by absentee ballot, but before the election. These ballots are valid and legal according to state law.
In the case of Louise Marie Chitwood, the late Bennington woman featured in the Tulsa World’s Sunday article, paper records show that another voter mistakenly signed the wrong line on the precinct registry. This led to a data entry error when the county election board staff entered the voter history in the state voter database credit for the 2008 general election.
Three other cases involved similar circumstances to Ms. Chitwood’s: Voters signed the wrong line on the precinct registry, resulting in errors when the voter history credit was entered into the state database following the election.
In another case, a deceased voter had the same name as his son. Paper records no longer exist for that election, but it is likely that the son or another voter signed the wrong line on the precinct registry.
In two other cases, paper records indicate that there was not a signature next to the deceased voters’ names on the precinct registry. It appears that data entry errors in the state voter database were responsible for these voters incorrectly being given credit for voting.
One case remains under investigation by the State Election Board.

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Noted Quote: Remember The Fine Candidates

"Judge Sonia Sotomayor deserves careful vetting by the Republicans on the Senate Judiciary Committee. She may or may not deserve their vote. But those Republicans should seize this teachable moment to remember all of the fine candidates -- Pickering, Miguel Estrada, Robert Bork -- and many more who were so shamefully treated by the Democrats who have suddenly discovered the evil of baseless accusations." ~ Mona Charen on Real Clear Politics

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Monday, June 1, 2009

Judge Demands List Of Firearms In Ersland Case; Box Says They Are Now His And Refuses

Oklahoma County District Judge Tammy Bass-LeSure and Irven Box, defense attorney for accused murderer Jerome Ersland, tangled in court today over Ersland's collection of firearms.
Box told the judge that Ersland gave all his guns to him as partial payment for his attorney fees.
“I gave every weapon of mine to my attorney. I swear to the Lord,” Ersland said.
His comment came after Bass-LeSure demanded a list of all his firearms. Box said his client will not provide such a list and since he (Box) now owns them, he won't either.
Bass-LeSure last week allowed Ersland, 57, of Chickasha to be released on $100,000 bail but she banned him from any access to weapons. The hearing today was to see if he had complied with her order.
Reporter Nolan Clay has all the details at www.newsok.com.

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Coburn Says He'll Seek Reelection

Senator Tom Coburn announced today he will seek reelection.
The one-term senator and former congressman surprised few with his announcement. There had been speculation he would not run again, but most insiders believed he would seek a second term.
David Arnett at Tulsa Today, who attended Coburn's announcement, has an insightful report.
Coburn, Muskogee physician known as "Dr. No" for his steadfast opposition to the free-spending practices of Congress, left the U. S. House after three terms and said previously he would serve no more than two terms in the Senate.
In his announcement today, Coburn said he first made the decision to run for public office — back in 1994, when he won a House seat — because he was "alarmed by Washington's desire to impose collectivism and socialism on the public, particularly in the area of health care.
"Today, we face the same challenge. Many in Washington are claiming that all problems can be solved with more spending and less individual freedom. Those ideas have never worked and they never will. While I’m confident the wisdom of the American people will prevail, we won’t win without a fight.”

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Coburn Announcment Expected Today

Senator Tom Coburn will announce today if he'll seek reelection, and most expect he will do so.
Coburn, elected to the Senate in 2004, will make his announcement at the Tulsa Press Club.
Coburn, a Muskogee physician who served six years in the U. S. House before voluntarily stepping down, has said he'll serve no more than two terms in the Senate.

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