I’m not going to attempt to psychoanalyze Newt Gingrich, a very complicated man with whom I’ve exchanged fewer words than I’ll use to write this blog. I will do something most writers do not do when addressing a politician’s comments; however, I’ll examine what he said.

Viewers remember the exchange between Speaker Gingrich and Fox News Sunday host Chris Wallace during the Iowa GOP debate. Gingrich accused Wallace of using “gotcha questions” and “playing Mickey Mouse games”. Wallace responded by stating that he was sorry if Gingrich thought questions about his record were “Mickey Mouse”. It was interesting political theater, but it missed Gingrich’s real point while proving that he was exactly right.

Do you remember the point Mr. Gingrich was making? It was a legitimate issue that challenged journalists and political analysts in an area where they should be held accountable. In that same exchange with Wallace, Gingrich said the following, from the debate transcripts:

GINGRICH:  I’d love to see the rest of tonight’s debate asking us about what we would do to lead an America whose president has failed to lead . . .
GINGRICH:  I think that there’s too much attention paid by the press corps about the campaign minutia and not enough paid by the press corps to the basic ideas that distinguish us from Barack Obama.(APPLAUSE)

Gingrich challenged the press to address real issues and report candidate ideas. The irony is that while Gingrich’s remarks were covered in the context of his overt challenge to the press, the thrust of his argument was overlooked, thus proving his point. In this exchange at least, the media has been much more concerned with “minutia” than with providing information that would help voters determine the next leader of the free world.

The press has developed a tendency to cover elections as if they are athletic contests. I can’t tell you exactly when that happened, but it has clearly happened. Political press coverage is now more about campaign strategy than about substance. The electorate is suffering because coverage of ideas and strategies about how to govern our country is being crowded out by coverage of candidate tactics and advertising campaigns.

I’ve long been a proponent of questions about why candidates believe what they believe and how they will fulfill their promises if elected. In matters of obtaining information from candidates, journalists are our representatives, but they have generally done a less than stellar job.

Modern journalism is largely responsible for a political system that rewards good packaging over a substantive product. Sadly, they are not alone in their guilt. The average American voter seems to prefer reporting on campaign mechanics over issues coverage and so we have received what the majority prefers.

Electing an official using only the media coverage received by the average voter would be like buying a used car based solely on the size and color of the cup holder. Polls of fellow citizens, who represent the “average adult voter” are reported as if they were delivered to Moses on a mountaintop. Those polls are influencing who will be the next President of the United States and frankly, I wouldn’t allow the “average adult voter” to influence my choice of peanut butter. It is utter madness and Newt Gingrich is right that the people deserve to see substantive reports on the things that matter.

DISCLOSURE: I have made no decision to support a specific US Presidential candidate at this time and I am in no rush to do so.

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The photo above shows the church where I exercise my First Amendment right to worship as I am called to. On April 15, 2009, many of us gathered at the Georgia State Capitol under the protection of our right to assemble. Most weekdays in January through April we may petition the legislative branch of our state government. And on this blog, as well as other place online and off, we exercise our rights to free speech and to publish opinions and information that the government may not like.

(Before you say it, SOGTP, the Supreme Court held in Gitlow v . New York that the Fourteenth Amendment to the Constitution extends the protections of the First Amendment to the states. Love it or hate it, I don’t make the rules.)

I’ve written here recently about the pitched battle between Atlanta Progressive News and the Atlanta City Council.

Now, the Fulton County Daily Report is covering the actions of the City of Atlanta Law Department as it sought and received in Fulton County Superior Court a prior restraint (subscription required) against APN’s publication of the infamous memoranda.

On Aug. 9, Cardinale began reporting on his news site about a series of memos sent by city lawyers to council members, some drafted before he had filed his lawsuit and some after. Although Cardinale didn’t post copies of the memos on his site, his Aug. 9 story discussed in some detail an April 4 email Senior Assistant City Attorney Kristen Denius sent to Councilwoman Felicia Moore, copying city council members and staff and others in the city Law Department.

When they saw the memos quoted on Cardinale’s site, the city’s lawyers asked for their memos back. Cardinale, who said he received the memos from a confidential source, refused.

So on Aug. 12 they sent Baxter a motion for a temporary injunction to keep Cardinale from discussing or publishing the memos further, at least until the court could hold a hearing. The lawyers argued the memos could be damaging to the city’s attempts to settle a potential lawsuit by the state Law Department over related issues.

Baxter granted the temporary injunction but set the matter for a Monday hearing. According to Cardinale and Dow Lohnes lawyer Lesli N. Gaither, who sat in on the hearing on behalf of the Georgia First Amendment Foundation, the city quickly withdrew its request for a permanent injunction Monday, given the memos already had been posted over the weekend by Todd Rehm on the Georgia political blog Peach Pundit.

The city moved to hold Cardinale in contempt over the possibility that he had violated the temporary injunction by giving the memos to Peach Pundit. But Cardinale was able to show Baxter emails that proved he gave Rehm the memos before Baxter entered his order, and Baxter denied the contempt motion.

Allow me a moment to discuss the idea of “prior restraints”. A prior restraint is a form of government censorship that prevents someone from saying something the government doesn’t like or publishing information the government wishes to keep from the citizens. A prior restraint is considered particularly loathsome because it prevents an idea from being heard and either accepted or rejected, it prevents a citizen from sharing information and accepting whatever consequences might attend. It is inimical to the”marketplace of ideas,” an analogy to the free markets that we all cherish around here.

In New York Times Co. v. United States, the United States Supreme Court rejected the lower courts imposition of restraining orders preventing a newspaper from publishing government documents obtained in a questionable manner. This case, also known as The Pentagon Papers case, is frequently cited for the principle that prior restraints are usually unconstitutional.

In Nebraska Press Ass’n v. Stuart, the Supreme Court expanded on the Pentagon Papers case to state in that “prior restraints on speech and publication are the most serious and least tolerable infringement on First Amendment Rights.” A concurring opinion stated that prior restraints could issue against the media only if the government could show that such publication would present a “clear and present danger” in that case to a defendant’s Constitutional right to a fair trial. Another concurring opinion by Justice Lewis F. Powell articulated a nearly identical standard.

Given these clearly articulated standards for the government imposing a prior restraint, it should be only under the most extraordinary and exigent circumstances that an American government would seek to impose a prior restraint. Unfortunately, the Law Department of the City of Atlanta doesn’t seem to think so. In this case, what was at stake from the City’s perspective was its strategic position in a pending lawsuit that might be brought by Attorney General Sam Olens to force the City Council to abide by the Open Meetings Act.

But, you say, you guys are the press, are you? You’re not “legitimate media” to quote another government official or two.

Chief Justice Hughes, writing for the Supreme Court in Lovell v. City of Griffin, which originated in Georgia, stated that “[t]he press, in its historic connotation, comprehends every sort of publication which affords a vehicle of information and opinion.”  That sounds like us.

Hollie Manheimer, Executive Director of the Georgia First Amendment Foundation, which filed an amicus brief against the prior restraint, told the Daily Report that “[t]here is more room for blogger and citizen action now, and we expect that role and activity to grow.”

How far was the City Law Department willing to go to defend their right to break the law?

The City Law Department is apparently so embarrassed at having their ass hat handed to them by a non-lawyer that they are willing to attempt to harass and intimidate Cardinale. In my opinion, they are using armed guards to prevent Matthew Cardinale from exercising his First Amendment right to petition his government. Shame on them.

The City of Atlanta government appears to have pulled out all the stops in its assault on the First Amendment rights of one of its citizens. They’re also willing to harass and attempt to intimidate Peach Pundit, or at least its most annoying contributor.

In this Motion, the City requested to take depositions of APN’s Editor, Rehm of Peach Pundit, and an activist named Robert Schreiber, who sent the Peach Pundit blog post to the City.

In its Motion, the City provided a screenshot of Rehm’s Facebook page, as well as a series of posts on Rehm’s Facebook wall, as emailed to the City by someone named Rob[ert Taylor] O’Neal.

Since Assistant City Attorney Kristen Denius seemed so interested in my facebook postings, I sent her a friend request so that she can view them herself, rather than enlisting  Robert Taylor O’Neal. I’m disappointed that she hasn’t accepted.

Matthew Cardinale is well-known for singing and rapping in his comments to the Atlanta City Council. Since the City lawyers lost their motion, I suspect they’re no longer interested in deposing me. But just in case, I’ve given my lawyer instructions to pass on to them: they’re taken from another song you may have heard. (link not safe for work or around young kids)

I am admittedly an absolutist complete nutjob with respect to the First Amendment, but it’s only because it protects so many of the most important things in our lives. If you’re a government official who deals with the press, you should acquaint yourself with the First Amendment and our rights under it.

“I would remind you that extremism in the defense of liberty is no vice! And let me remind you also that moderation in the pursuit of justice is no virtue.”

-Barry Goldwater

If the First Amendment protections against our government fail, our next bulwark is the Second Amendment. And nobody wants it to ever come to that.

P.S. Matthew Cardinale and Atlanta Progressive News have spent a considerable sum defending the rights of all of us. Consider visiting their site and making a donation to offset their legal expenses; I have. I also highly recommend subscribing to their newsletter. Even though I disagree with his politics, I read every single edition as he covers topics neglected by the mainstream media.

P.P.S. The American Spectator used to publish a semi-humorous (if you appreciate droll humor) list of “enemies of the people”. I’m starting my own list.

The head consultant to the political campaign attempting to pass the metro Atlanta T-Splost election has resigned.

If passed by metro Atlanta voters in 2012, the T-Splost would raise an estimated $7.2 Billion over ten years for transportation…one penny at a time.

Maria Saporta of the Atlanta Business Chronicle reports that DC-based consultant, Glenn Totten, resigned because he was concerned about not having enough time to devote to the project if the legislature moves the referendum from the August to November ballot.

However, the AJC reports that some observers have questioned the likelihood of this.

It’s more than a year away until the vote, so this is just insider baseball at this point. And it’s not very relevant to the passage or failure of the T-Splost.

It does, however, indicate some significant unsettled issues at this point.

Let me state from the outset that I like, and even have grown to respect, the AJC.  They provide a needed service, and we frankly rely on them (and others) for a lot of what we cover here at Peach Pundit.  I know quite a few of their reporters as well as much of their editorial staff.  And generally, I do think they’ve done a better job in recent years of keeping ideology on the editorial page and have made an effort to take a better middle ground on the issues they cover as news, and how they cover them.  I don’t like them being scapegoated by pols claiming the “lib’rul AJC” is out to get them. 

Today, however, there is a bit of exception that deserves a bit of attention. 

Headline:  Lottery Props Up Jackpots; Gives Less To State

Twentieth Paragraph: 

 ”While money for education has fallen as a percentage of total revenue in Georgia’s lottery, revenue has grown in actual dollars from $647 million in fiscal 1999 to $884 million last year. Still, it is not enough to fund HOPE and pre-k at the same levels.”

First expert cited (regarding claim that lower payouts on some games generates more players): 

Richard McGowan, a Boston College economics professor who has written critically about state lotteries, said there is something to the argument. Lotteries have life cycles, and Georgia’s mature game needs to reward gamers to keep their interest, he said.”

…

But McGowan said states are competing with other gaming outlets, including casinos in nearby states. That means lottery officials cannot reduce prize money without hurting themselves, he said.

“It’s a tough business to be in because there is so much gambling,” he said. “Even the worst slot machine pays out 90 percent.”

Second Expert Opionion:

“A state audit of the lottery released just before the HOPE vote in the Senate offers further evidence that less is more. The audit found the Georgia Lottery is fifth-highest among 42 lotteries in the nation for jackpots and still ranked seventh in total money transferred to the state because it had maintained high overall sales.”

The argument for increasing the percentage is given by State Senator Jason Carter, who has become the point person on HOPE reform for Democrats in opposition, (and has done an admirable job of gaining some political traction for his positon), but the argument does nothing to refute the above two experts.

His argument is buttressed in this article by comments from a Peachtree Corners Parent, and a Stone Mountain Auto Mechanic, neither of whom seem to have a strong opinion that the lottery payouts should be changed.

In sum, the headline and lede of this story don’t come close to matching the content contained within.  The lottery continues to increase sales AND payouts to the state.  Experts from both the State and an outside economist have indicated that the Lottery Commission’s strategy most likely have increased the amount of money paid to the state, not robbed from it.

Yet, the AJC provides a distinct impression that the lottery is paying the state less.  Semantics, yes.  But let’s be real.  It was 11 paragraphs into this story before the reporter chose to include anything other than cuts and broken promises.  Yet all the facts are about successful competion and increasing revenues.

The AJC editors need to take a look at their reporting on HOPE.  The issue is rightfully the first one state Democrats have found any political traction since their rout last November.  The AJC would be wise to ensure that their coverage doesn’t become cheerleading for the cause, and give cause for those who want or need there to be a “lib’rul AJC” for their own scapegoating purposes.

Grayson Daughters/SpaceyG passes along that the nominations for the 2010 Atlanta Press Club awards are open.

If you have someone you would like to nominate, check out the easy instructions here.

Last year, our own Jason Pye received a nomination, which was a nice recognition from “old media” of one of us bloggers.   If you have someone you think should be recognized, the ball is now officially in your court.

I’m catching up on the weeks events in the real world and came across the sad news that radio legend Ludlow Porch passed away at the age of 76.

My first memory of Porch was during a brief period that I was working the night shift at a small manufacturing company. Porch had a show on at that time on WSB and used to do traffic reports…all night long.

RIP Ludlow.

My column from this morning’s Courier Herald:

While speaking to the Atlanta Press Club yesterday, Atlanta Mayor Kasim Reed spoke on a variety of topics with a somewhat common theme: Working with various other state leaders to “reduce the notion of two Georgias”. 

A Couple of weeks ago, I wrote for PeachPundit.com that Kasim Reed is the man with political clout in Georgia.  He has been the point man to work with President Obama’s Democratic administration in an attempt to secure funding for expanding the Port of Savannah on behalf of a solidly Republican state.  He has become the key negotiator in solving the Atlanta regions’ transportation plan in preparation for an upcoming regional transportation sales tax vote.  And he has stood shoulder to shoulder with the Governor to announce the two would use every means necessary to ensure that Atlanta Public Schools do not lose accreditation.

As mayor of the capitol city, Reed has influence far beyond his half million constituents.  His frequent references to “unprecedented cooperation” with the Governor, Lieutenant Governor, Speaker of the House, and Congressional delegation underscored the symbiotic relationship the various parts of the state have, and the abilities of Reed and the others to bring Georgians together.

Many of the issues that Reed spoke of centered on economic development, and most of those issues have transportation at the core.  He spoke of the state’s long history as being a center for logistics, and shared a vision that Georgia would be nothing less than the logistical center of the Western Hemisphere.  Thus, the Port of Savannah will be linked to Hartsfield airport, with massive cargo ships bringing in goods that can be distributed quickly throughout the southeast and beyond by Hartsfield’s massive network and expanding air cargo capabilities. 

But Reed also discussed issues that are closer to home, that if left unchecked would threaten the image of the city and blunt the best economic development efforts.  In addition to his firm stance toward the Atlanta School Board, Reed discussed plans to reduce crime, increase environmental sustainability, and deal with the city’s massive housing/foreclosure problem.

But the real challenge for Reed will begin today, when he will receive recommendations to deal with the City’s significantly underfunded pension program.   Though he said he could ignore the problem through his expected two terms, he indicated if he did so, the next mayor would have to declare the city bankrupt.   He would prefer to get the city back on track to a properly funded program now, while actions can still be taken.

City employees, however, are a large and influential voting bloc in Atlanta.  Changing their compensation package is not without significant political risk, and poses perhaps the first real test of his administration. 

During his first year in office, Reed has built up considerable clout and goodwill from Republican Georgia.  It will be interesting to see if that translates into the ability to convince his Democratic base to accept less.  If it does, we’re a lot closer to having “one Georgia” than most might expect, and Kasim Reed will be its undisputed mayor.

Yeah, yeah. In the crosshairs. It’s a metaphor, people. Culture of civility be damned! Ha!

Anyway, Andrew Breitbart has been on a tear of late against Georgia Democratic Congressman Sanford Bishop who loves to give taxpayer funded scholarships to his own family and seems to have other family members who love collecting as many public salaries as possible.

Breitbart continues to focus on Bishop’s alleged collusion in corruption related to the Pigford v. Glickman settlement. Sure, Old AJC Guy likes to minimize it as “pretty thin gruel” (because that’s what a biased AJC reporter does, you see). But now Breitbart has put together some TV ads for Bishop’s home district that he is collecting funds to air. Here’s the main ad:

Breitbart’s position: “I am committed to getting justice for the bona fide black farmers who faced government sponsored discrimination and land loss. These American heroes were betrayed by the so-called ‘black leadership’ like the Congressional Black Caucus, who sold them out at every opportunity. CBC member Sanford Bishop is a perfect example of the back stabbing that these men have faced.”

With conversations in D.C. about the initiation of investigations into Pigford, it remains to be seen if Sanford Bishop will ever actually address the (sorry Old AJC Guy) serious allegations being levied against him from actual victims of discrimination.

Royal Marshall, part of The Neal Boortz Show crew, has passed away:

Raymond Royal Marshall, sidekick and engineer for syndicated talk show host Neal Boortz, has died.

Pete Spriggs, program director for AM750 and now 95.5 FM News/Talk WSB, said he collapsed at his Atlanta home and was pronounced dead at Grady Hospital at about 1 a.m. early Saturday morning.

Assistant Program Director Condace Pressley said it was too soon to pinpoint cause of death. He was 43.

“He was a good man,” she said. “I can’t believe he’s gone.”
[...]
“There are no words available to express my personal sense of loss at the passing of Royal Marshall,” Boortz said in a statement released this morning. “It’s no stretch to say that I loved that man like he was my own brother. Royal had an unmatched sense of humor and a quick mind that made him a natural for radio, and his dedication to his colleagues and friends was only exceeded by his intense dedication to his family. Our program, WSB Radio and the entire Cox family has lost part of its very soul this day.”

Marshall hosted his own show, The Royal Treatment, for a few years on WSB Radio. But he was eventually taken off the air as other shows became priorities for the station, but he remained in his role on The Neal Boortz Show where his exchanges with Boortz were priceless.

Marshall leaves behind a wife and two young children. Please keep them in your thoughts and prayers.

Because Mr. Marshall was part of how many of us have discussed politics for such a long time, we will leave comments open for our readers to discuss memories of him. Please be respectful.

“Just Damn.”

Tricia Pridemore, long rumored to be a candidate for Georgia Republican Party Chair, has formally announced her candidacy. The full press release is below, as well as the initial steering committee list. 

Veteran GOP Grassroots Leader Tricia Pridemore Announces Campaign for GAGOP Chair; Plans to dramatically grow, strengthen grassroots

MARIETTA, GA- Cobb County resident Tricia Pridemore met today with supporters to officially announce her candidacy for Georgia Republican Party Chair.

Regarding her candidacy, Pridemore said, “Because we can’t rest on the accomplishments of the last few years, our next Party Chair must be able to articulate a vision that builds upon our successes, moving quickly to strengthen the Party for the battles ahead. That vision includes not only embracing our time-honored, conservative Republican values, but also a new, aggressive effort to ensure our grassroots activists have the technology and resources needed to take on the Obama Administration and stave off Democrat organizers targeting Georgia.  My long history in grassroots politics, coupled with my experience in the high-tech, social networking field, make me uniquely qualified to lead these efforts, working alongside the hardworking Georgians who lick the envelopes, put up signs, and help get Republicans elected.”

Tricia and her husband, Michael, moved to Georgia and quickly became involved with Republican politics.  Upon enrolling at Kennesaw State University, Tricia joined the College Republicans as was soon elected KSU College Republican Chair—a post from which she successfully recruited and mobilized students to help elect local and statewide Republican candidates.

More recently, Tricia served as a deployed volunteer for the McCain Presidential campaign in Ohio. Tricia built and maintains the Cobb GOP website and currently serves as House District 32 chair.  She is a member of the GAGOP technology committee, which develops and promotes innovative technologies for the state party.

A veteran grassroots campaigner, Tricia has assisted Tom Graves for Congress, Austin Scott for Congress, Sam Olens for Attorney General, and countless other political campaigns. She served as the Nathan Deal for Governor Cobb County Co-Chair and the unpaid State Grassroots Chair for Deal’s campaign.  Additionally, Tricia was elected to serve
as the President of the Cobb/Cherokee 9.12 Project and serves as the state director for the Georgia 9.12 Project.

After college, Tricia worked for a broad range of companies including Forbes, Georgia Press Association, and Cookbook Digest. Tricia and Michael cofounded Accucast, an innovative software and technology company, which they sold in 2006.

Tricia and Michael have been married 15 years and attend Mt. Paran Church in Atlanta.  Tricia is currently the president of her homeowners association, member of the WellStar Hospitals charitable foundation, and volunteers at MUST ministries in Cobb County.

Steering Committee:

Grassroots leaders join the Tricia Pridemore for GAGOP Chairman Steering Committee

“I am humbled by the outpouring of support for my candidacy and look forward to working with these fellow grassroots leaders in implementing my G.R.O.W. Roots plan for the Georgia GOP.” said Tricia in response to these endorsements.

Dave Barbee, 10th Congressional District Chairman, GAGOP
Mike Crane, 2010 Republican nominee for the Congress – 13th
Michael Huneke, Bartow County Republican Party Chairman
Carolyn Meadows, former GAGOP National Committee Woman from Georgia, board member of the National Rifle Association and the American Conservative Union
Linda Parker, past chairman of the Cherokee County Republican Party
Gerry Purcell, 2010 Republican candidate for Insurance Commissioner

To appease my family By popular request, here is the link to my segment on WXIA/11 Alive news last evening.  I had a polite conversation with SpaceyG regarding our snow/ice event and the Governor, DOT, and Atlanta Mayor’s response to the crisis.

I appreciate WXIA’s invitation, and enjoyed their hospitality before and after the live shot.  It was clear they’ve been working nearly around the clock, and there a lot of us who want normal schedules back.

As for the roads, well, it should be in the 40′s on Saturday.  10 day weekend!

Updated: We now have video of Buzz Brockway’s interview with Doug Richards here.

And let’s extend this discussion beyond “Hey, I’m on the Tee-vee” to Buzz’s question. Should Georgia and local governements invest more in snow readiness, or should we accept that the opportunity cost is too high in a shrinking budget environment?

It’s on, and Peach Pundit is in the center of it.

On the undercard, Doug Richards will feature Representative Buzz Brockway regarding the State’s effort at stopping Mother Nature during the 6PM newscast.

The main event shall occur during the 7PM newscast, expanded to one hour tonight (Sorry Mario Lopez) so that a few moments can be set aside for myself and SpaceyG, professionally known as Grayson Daughters, to politely discuss in a civil manner – almost like we were adults – the state’s role in snowmageddon.

If I am unable to reach WXIA studios by 7PM, Spacey may possibly consider it a victory.  Thus, I, as usual, can consider it a win just by showing up.

As we transition from reports of yesterday’s snow into reports of a New Governor’s swearing in, first day legislative action, and pending committee assignments, I’d like to take a moment for to pass along the following:

Today, I will join Courier Herald Publishing writing a weekly column for their 9 newspapers, and a daily column for the Dublin Courier Herald.   Those items will generally be cross posted here after they have been published in the online versions of the Courier Herald.

One of the upsides of meeting candidates for public office is the time spent learning what the candidate wants for the future, and what visions they have for our state.  I truly enjoyed meeting Carol Porter during her campaign, and have found even more common ground with her during our conversations since.  I appreciate the opportunity to work with her and DuBose and the rest of the Courier Herald family to extend the reach and coverage of politics in Georgia.

The Editor’s Note from today’s Courier Herald follows.

Dear Readers:

When Charlie Harper first decided to write a weekly column on Georgia Politics I jumped at the chance to bring his work at PeachPundit.com to our readers. My only suggestion to Mr. Harper was that instead of …writing just one column a week, he bring you a daily update, especially during the session. He agreed and what you will read below is the results of that conversation.

I met with Mr. Harper on several occasions to discuss politics and the future of news reporting in Georgia during the past year. I believe from our conversations he has the experience, the connections, and what is more important, the ethics and vision needed to become one of the leading pundits in Georgia politics. His desire to inform the readers of the unvarnished truth resonated with me and I feel it will with you. 
 

Georgians know quite well the intimate details of politics in Washington, but when it comes to Georgia politics, they receive only the briefest of information. With the coming of Charlie Harper’s GAPolitics that period of Georgia history is behind us. With this collaboration, the Internet and print media unite to bring you the information you deserve.
-Carol Porter

…or maybe it’s his third job.  In this economy, with two kids, you have to find a way to pay the bills.

In all seriousness, Congrats to Erick Erickson, co-founder and Editor Emeritus of Peach Pundit, who is now the WSB radio host weeknights from 9:00pm to midnight.  I know it’s been a longtime goal of his, and after listening to many of his guest appearances for Herman Cain, I think he’ll fit in quite well. 

Best of luck, Erick.  We’ll listen for the occasional shout out.

I’m not a lawyer, so a celebrity bear** is going to explain* former gubernatorial candidate Ray McBerry‘s lawsuit against Linda Pittman, Jeff Sexton and Thomas Knighton. Mrs. Pittman is the woman who accused McBerry of having an improper relationship with her 16-year-old daughter, Sexton and Knighton operate a blog called SWGA Politics. According to the AJC the suit charges that “Mrs. Pittman “stated falsely, with actual malice, that [McBerry] had committed the crime of child molestation” on a Facebook page.”

MH: Mr. McBeary, how can that be?

McBeary: I’m glad you asked! Libel is a legal term grown ups use when somebody calls somebody else a a really bad thing and that really bad thing isn’t true. But they can’t just say it, they have to write it  and publish it. If it’s not true, and it hurts somebody, and they write it in a book or a newspaper or on the Internet, then it’s called libel. There’s a special kind of libel called libel per se, which means that the thing that was said was SOOOO bad you know somebody got hurt, and that somebody can collect damages from the somebody who wrote it.

MH: Can the somebody who wrote the bad thing just write “sorry” and take it back?

McBeary:  No. The person who wrote the bad thing can say that they were telling truth, which is an “absolute defense” against libel, like a ‘get out of jail free’ card. Or they can say they were offering their opinion, or commenting on a “matter of public interest.” But truth is the best defense.

MH: So if the guy running for governor really was kissing and hugging and holding hands with Mrs. Pittman’s 16-year-old daughter, that would be child molestation and she and the blogger guys would be off the hook, right?

McBeary: No, dummy! In Georgia, the age of consent is 16. So all those things he did with that young woman were legal. McBerry can’t have committed child molestation with her, because she was

MH: What about if he was famous, like a public figure? Isn’t that a defense?

McBeary: Dude, he got 2.5% of the vote in a Republican primary! That ain’t famous.

MH: He carried Schley County.

McBeary: Do they have any Chuck E. Cheese’s there?

MH: I don’t think so. Look, are you telling me that McBerry might actually win a lawsuit against this woman and these bloggers?

McBeary: He might.

MH: What kind of sick, manipulative, vindictive, emotional bully would want to put an entire family through the whole mess again?

McBeary: Sounds like my kind of guy.

*There is no legal advice contained anywhere here. If you have legal questions, you should consult an attorney, not a blog.
**Not a real celebrity bear either.

If the Democratic Party of Georgia is educable, (a dubious proposition at best) they should learn this: Don’t get into arguments with griftdrift. Especially in public, and most especially about unemployment insurance. I think he’s got some experience in how unemployment benefits are collected and distributed. And as any longtime reader of PeachPundit knows, he’s a cantankerous bastard who doesn’t give a rat’s rear-end about who he ticks off. Grift claims to be an independent, which means that the right thinks he’s a liberal and the left think he’s a heartless fiscal conservative. Pick your own label. But know that you won’t win arguments with him. Georgia is out of unemployment benefits. We ran through the trust fund of money set aside to pay unemployment claims some time ago, and have to pay back the Federal Government some $454 million they lent us to cover that cost. State Senator-elect Fran Millar, R-Dunwoody, says that amount could top $1 Billion (with a ‘B’) by 2013, and that the State Legislature needs to address the problem immediately.

The DPG response to this was to post a link to the WSB-TV story with this comment on their facebook page: “GA Republicans have mismanaged unemployment benefits and now might have to cut them or hike taxes on small businesses”

Enter Andre and eventually griftdrift to set whoever runs the clown car that is the Democratic Party of Georgia straight. The argument also spilled over on to their respective twitter feeds. Enjoy.

But to the DPG: Facebook? Seriously? What are you, 15 year-olds? A snarky comment on facebook, especially a dishonest one,  is no way to build your party back to majority status. Or even relevance. You should find someone to come up with a solution, and then trumpet it through the traditional media -along with the new media. Have your members make speeches about it, talk it up, sell it, push to get the legislation enacted and then try to take credit for it. You know, like a political party would. You might have a chance then.

Or you could publish ‘nanny, nanny, boo-boo’ crap on facebook and hope that people continue to ignore you.

Good luck with that.

While at the Deal/Huckabee rally, a friend noted the presence of DeKalb’s own Vernon Jones. Jones was there with a cameraman asking folks questions. Not sure what he was doing but I’m always glad to see people getting work these days.

H/T to Scott Henry at Creative Loafing.

Meanwhile, another day passes with no formal investigation into the allegations concerning malfeasance with certain Fulton County Commissioners and their successful efforts to shutter the Office of Professional Standards days after it was discovered that some of their friends were under investigation.

I wonder if John Eaves still thinks our…very…lives depend on his reelection?

(Previous posts concerning this story can be found here, here, here, here and here.)

As we’ve been discussing for the last 96 hours here, the AJC is finally writing about four Fulton County employees who are accused of more than $180,000 in fraud. But remember how Fulton County Manager Zachary Williams told everyone on Monday how the Fulton County Police Department has had this case since July 27 and how we’ve just gone and jeopardized their work with the public discussion of this matter? Check out how far FCPD has gone in almost two months of investigation:

Fulton County Police Capt. Darryl Halbert said Tuesday his department is in the preliminary stages of investigating the report. “We haven’t received all the information and we don’t have any names,” he said.

Emphasis mine. Haven’t received all the information. Haven’t received all the names. After more than 55 days of “investigating.” Yeah, I can see how everything was mucked up by having public discussion about this situation…since they haven’t done any sort of thorough investigation to date and are still in the “preliminary” stages. But how “preliminary” can the investigation be and how can they not “have any names” when, according to Williams, he forwarded the report from the now closed Office of Professional Standards on July 27?

As the AJC reports,

The investigative report, prepared by since-demoted Maria Colon, devoted 1,039 pages to the four employees’ questionable activities, which were said to have cost the county $183,194.37 over six years.

1,039 pages of information and evidence and FCPD remains in “preliminary” mode. And Fulton County District Attorney Paul Howard? We’ve learned now he hasn’t even cared to investigate the matter.

On Tuesday, a district attorney’s office spokeswoman said the information had been sent to Fulton Police.

And they’ve done a real bang up job, haven’t they? This is the state of Fulton County in 2010. Meanwhile, the Office of Professional Standards remains closed and the only people who actually cared to root out corruption remain out of their jobs after a series of meetings between the Fulton County Commission and Williams right after it was learned that investigations were ongoing regarding the friends of certain Commissioners. Commissioners, I might add, like Emma Darnell.

District 5 County Commissioner Emma Darnell, contacted Monday, declined to comment on the personnel moves or the closure of the office of professional standards.

Curiouser and curiouser.

And, don’t forget, you can now download HERE over 100+ pages of supporting documentation and evidence related to a threat of lawsuit by former Fulton County Deputy County manager Gwendolyn Warren and former Investigative Officer Maria Colon of the now shuttered Fulton County Office of Professional Standards against Fulton County.