9 March 2006


Democrats accidentally release top-secret document

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EXCLUSIVE!
Read the memo for yourself:


First page

Second page

The Senate Republicans happened upon a confidential document of the Senate Democrats. This document was a “talking points memo” from Governor Manchin, detailing the strategy the Senate Democrats should take on Logan’s Law.

The memo, inadvertently left by the Democrats after they caucused Wednesday afternoon, gives us a unique look into the mindset of the Democrats and the hypocrisy and partisanship of Governor Manchin.

First, a little perspective.

The Governor told MetroNews Tuesday afternoon that Logan’s Law is nothing but a political game and he is “seeing the minority play that game more than ever before.” He also accused the Republicans of ignoring his bogus figure that the bill would cost at least $170 million per year, saying, “all of the sudden, money is not an issue.”

He closed his interview urging the Republicans to “put politics aside and quit playing this one-upmanship. As governor, I represent everyone.”

That quote sounds good in public, but from what we learn in the Governor’s discovered memo, he is not so interested in bi-partisanship as he would have you believe.

The memo, entitled “Talking Points on Sprouse Amendment to Sex Offender Bill – Logan’s Law,” begins with, “A. Reclaim ownership of bill.” The memo goes on to say, “First, we need to emphasize that it was the Governor that first introduced tougher sex offender legislation. Weeks later, the Republicans piggyback on the Governor’s bill and are now trying to claim ownership of this issue.” (emphasis theirs)

Where is the urgency to “quit playing this one-upmanship” now, Governor?

It is amazing that the Democrats are more interested in claiming credit than finding a workable solution that protects the children of West Virginia. Their first and most urgent point proves whom they are ultimately looking out for.

The memo continues:

“B. The Gov’s goal – punishment, prevention & protection”

“We need proven and effective reforms rather than shallow rhetoric and politically-driven proposals that simply distract from the work at hand.”

Let me give you a sample of the “shallow rhetoric” that is in Logan’s Law and cannot be found in the Governor’s bill.

1) A violent sexual predator (SVP) cannot live within 1,000 ft. of a school or playschool.
2) A SVP cannot be in the presence of a minor without their parent, guardian, or some other adult present.
3) A SVP must reregister with the state police every 6 months.
4) If a judge finds that a SVP cannot be rehabilitated and is likely to commit a sexual offense again, the judge can order that person to be civilly confined until cured.

Governor Manchin said in his 2006 State of the State address that he “prepared and will introduce legislation that aims to stop convicted child molesters and other sex offenders from repeating their heinous crimes by keeping them behind bars, out of our communities and away from our children.”

The Governor’s bill only increases the penalties for first degree sexual assault and first degree sexual abuse, but does nothing about second and third degree sexual assault and abuse. Logan’s Law meets the Governor’s goal by dealing with every sexual crime and keeping every pervert in our state – not just the most heinous — in prison longer.

The memo moves on to point c: “Republican amendment not design to protect children.” They glibly point out that Senator Sprouse accidentally misspoke about what the bill does on a certain issue then assert that “to just go through the code and double every prison sentence – even those that don’t impact child sex offenders – is simply an effort at oneupsmanship [sic] or political GRANDSTANDING, and is not designed to truly protect our children from predators and pedophiles.” (emphasis theirs)

Besides increasing the penalties for a prison guard having sex with an inmate, I know of no other change in the 70-plus-page bill that does not keep children safer. Believe me, I have spent well over 5 hours reviewing this bill.

The Democrats close their argument with, “simply upping the penalties on any offense with the word ‘sex’ in its [sic] is simply grandstanding.”

No, it is called comprehensive reform.

The Governor’s final point is d: “Republicans don’t even know what their own amendment does.”

One aside if I may: this amendment was voted for by all 13 Republicans and 15 of 21 Democrats. If more Democrats voted for the bill then Republicans, why do they keep terming it the Republican amendment?

Let us continue the memo. “The Republican’s claim that their amendment [there they go again] imposes new penalties for child molesters that are tougher than those in our bill. However, our bill raised the penalty for raping a child (sexual assault) from 15 to 35 years to no less than 25 years. Amazingly, the GOP bill has the same penalty, yet they claim our bill is weaker.”

If the Governor shared the complete story, the Democrats would not be so amazed. The Governor’s bill increases the penalties first degree sexual assault only, while Logan’s Law increases penalties for first, second, and third degree sexual assault. The Governor’s bill is weaker on that fact alone.

So that is what was in the memo. The most interesting thing to me was not what was in it, but what was absent: the Governor’s cooked figures on cost. Remember what the Governor told MetroNews on Tuesday? “All of the sudden,” he blamed the Republicans, “money is not an issue.” If money was an issue with the Democrats and their argument on this issue was strong, do you not think they would have reinforced the figures in their talking points?

Before the Democrats caucused, concerned West Virginia mothers rallied today at the capitol to urge the House Democrats to pass Logan’s Law. These ladies – and a few men – spoke movingly to a wall of cameras and reporters about how they want their children protected. The children of the mothers were there wearing t-shirts that asked an important question: “Governor Manchin, how much is my life worth?” I wish he had been there to answer. Unfortunately, while this was taking place on the House side of the long corridor connecting the Senate and House chambers, Governor Manchin was 50 yards away on the Senate end, petting a miniature pony a lobbyist brought to the capitol.

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Comments

Jim
8:26 am - 9 March 2006

Will, this is some good stuff! Keep it coming!

[…] http://williamstewart.org/2006/politics/democrats-accidentally-release-top-secret-document/ […]

dee rumbaugh
9:28 am - 9 March 2006

Thanks for giving the updates.
This is information we, the voting public, would never be given.

Kathryn
6:37 pm - 9 March 2006

How does a bill so important get reduced to focusing on Rebuplicans instead of the subject at hand?! And WHO is “grandstanding?” You have given us an inner look at political sabotage. Well written, Will.

[…] Most recent articles: (Mar. 18) The Saga of Logan’s Law, part one (Mar. 15) The sights of the final session (Mar. 09) Democrats accidentally release top-secret document […]

Cindy Frich, Delegate representing Monongalia Countys
7:54 pm - 26 March 2006

This is the letter I sent to members of the Joint Committee on Government and Finance last May. Who was piggybacking who? My GPS tracking bill has a lower
intoduction number than the governer’s, but who is counting? We need to protect our children from these vile acts, not worry about who gets credit.

May 4, 2005

The Honorable Robert Kiss
Speaker of the House of Delegates
Room 234M, Building 1
State Capitol Complex
Charleston, WV 25305

Dear Speaker Kiss:

Despite the lack of a study resolution, I am requesting that the Joint Committee on Government and Finance consider studying ways that West Virginia can improve it’s role in protecting children from sexual offenders.

West Virginia law does not allow addresses of sex offenders to be published. Little Jessica Lunsford of Florida, who was molested and buried alive, lived across the street from a convicted pedophile. My constituents have expressed concern that our sex offender registry is inadequate for parents in larger cities to know if a potential danger lives near their child.

The state of Florida is responding by increasing sentencing and joining the ranks of states that use Global Positioning Satellite tracking devices.
Studies indicate that a pedophile can never really be cured and they are likely to be in a predatory mode when they have failed to properly register.

Warmer weather brings children outside, adding to temptation. Let’s not wait until we have an incident which moves us toward addressing this issue. No more children should lose their innocence or their lives in order to spur action.

Sincerely,
Cindy Frich
WV House of Delegates, 44th

12:00 pm - 29 August 2006

Accidentally In Love

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William Stewart
William Stewart served 5 years as aide to leading West Virginia Senators and is a leading online commentator in West Virginia politics.

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