Looks like Swiss Cheese, Smells like Limburger

Friday, Meredith Norris, Jim Black's former political director, pled no-contest to charges of unregistered lobbying. Jim Black had a legal setback Monday when a judge ruled that certain contributions funneled through the Optometry PAC were illegal and must be forfeited. This follows Michael Decker's August 1st guilty plea to conspiracy to extort, mail fraud and money laundering and a clandestine meeting at a Salisbury IHOP, widely considered to be with Black.

Last Sunday NBC17's At Issue local political panel had Nelson Dollar, Joe Sinsheimer and Bill Faison discussing the Black & Decker events. Dollar had little to add to the discussion.

Joe Sinsheimer called Jim Black's response to Decker's plea the Swiss Cheese defense highlighting inconsistencies in Black's version of events which were summarized in a press release Monday also picked up by NC Spin for discussion this weekend.

Bill Faison, while elsewhere expressing his desire to replace Jim Black as speaker, hedged his bets by claiming that Jim Black was simply following the rules voted in place by the legislature. Faison had previously told the Charlotte Observer that news of Decker's guilty plea was "shocking". Faison is medical malpractice attorney by trade and this faux naïveté is disingenuous at best. In the 2004 election cycle Faison gave Black $4,500

Meanwhile Andrew Brock, unopposed Republican State Senator and political consultant by trade, tried to catch a wave with a made-for-viral-marketing anti-Black pro-nothing video ad.

This sordid affair is a function of incumbency, political access and the aggregation of power in legislators who have the ability or good fortune to be re-elected year after year with little or no opposition. Major contributors to Black's campaign are often major Republican or bi-partisan donors. For example Charlotte developers Crosland have given to Black, Burr, Myrick, Santorum, Hayes, Foxx, Bowles, Edwards and Bush. Jim Goodnight has given to Black, Hayes, Burr, McIntyre, Hastert, Etheridge, Foxx, Price, Dole and Burr.

Many Democrats have adopted a wait-and-see attitude with respect to Jim Black, indictments and guilt. For anyone who has dared to break the surface of this cesspool the time to wait has long passed. Like a car alarm on streets of New York the calls for action on Black have largely been ignored. The mainstream press is jaded by the Black story. Issues in plain sight are passed over by mainstream media because there's no scoop or because the week's Black story has already been written.

On the other hand, State and Federal investigators have been methodically compiling evidence and building cases. Here's a few issues they might be looking at, all of which is public knowledge but not widely known:

Much of Black's power as Speaker stems from a rout of the black caucus which shifted allegiance away from Dan Blue. Black has sustained this power with direct and, indirect contributions via discretionary funds, to black House members and their interests. This includes Pete Cunningham and the Anita Stroud foundation, Alma Adams and the African American Atelier and Bennett College. Black has also directed discretionary funds to the International Civil Rights Museum owned by Rep. Earl Jones and "Skip" Alston who, with Alma Adams, controls the Simpkins PAC which is critical to GOTV and electoral support in the Piedmont.

The Black campaign accepted money order contributions, a cash equivalent, without payers identified, presumed to be from the video poker industry and amended subsequent reports to exclude these contributions.

Board of Elections member Robert Cordle is not only a Senior Counsel in the law firm defending Black but since the Board of Elections hearing on Black's contributions Cordle has had the audacity to contribute $1,000 to Black's campaign on 6/29/06.

In recent years Black's campaign has given $12,000 to MST Ltd, a shell company owned by Matthews Mayor and attorney Lee Myers ostensibly for "travel" but with no clear purpose. Previously Black had made individual $4,000 contributions annually to Myers.

Jim Black steered $250,000 in State funds to an agency associated with his church in Matthews NC. Black directed $250,000 to Senior Activities & Services Inc, AKA the "Happy Times Club" which has been a ministry of the Matthews United Methodist Church since 1972 and was listed as such until April/06. Black has described himself as serving on the administrative board of the Matthews United Methodist Church and as President of the Methodist Men's Club.

$200,000 was redirected from funds appropriated to DHHS for programs of the Jewish Community Center of Charlotte by an item slipped into the 4th edition of the budget technical corrections bill (Modify 2005 Appropriations Act, HB320) 8/24/05 while $50,000 previously came from Black's discretionary fund 09/28/04. The State Auditor recently cited Senior Activities & Services Inc as one of many non-profits failing to properly account for use of State funds.

The money was used by the "Happy Times Club" to construct a new building in Matthews on 9.8 acres of land donated by Crosland and Faison, developers of the adjacent "Sycamore Commons" mall. Crosland is a major contributor to Black. E.g., on a single day last year, 5/25/05, Black recorded $10,500 in contributions from Crosland employees.

$1 million was also donated by Leon Levine. Black gave $50,000 of his discretionary funds to the Levine Museum of the New South last year. In 2002 presented Levine with the Order of the Long Leaf Pine. Levine is founder and Chairman Emeritus of Family Dollar Stores which a federal jury recently found guilty of willfully misclassifying hourly workers as salaried managers to avoid paying overtime and was ordered by the judge to pay $33.2 million. While not a major donor to Black's campaign, Levine gives generously to major projects for which Black claims some credit.

I’d like to think that Jim Black is a relatively decent man who has been propelled by circumstance and opportunity into a parallel universe disconnected from our own reality. While his achievements are abundant, they contain within them the seeds of destruction for NC Democratic candidates, state, local and federal and he has blind spots for many Democratic and Progressive issues. This whole business stinks and if we don’t clean it up ourselves nobody else will.

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Twilight Zone

Excellent, methodical analysis of the Black Hole, Greg. The only issue I want to clarify is "who is 'we' in the last sentence?'

The specific "we" that has the actual power to dump this stinky cheese are the House Democrats. But as you so beautifully describe, they have ignored the blaring car alarms for months.

The options for action are decribed here by Chris Fitzsimon.

With the Charlotte Observer and the Fayetteville Observer renewing calls for Black to step down and Republican candidates for the General Assembly now issuing statements blasting Democrats for standing by Black, some members of the House Democratic Caucus are now pondering what happens if Black does step down.

The House rules call for a new election as Speaker. That was part of the deal that allowed Republican Richard Morgan to win election as Speaker Pro Tem with Democratic support, that he would not automatically become Speaker if Black stepped aside.

Most of the scenarios about Black resigning were imagined when the House was in session and could hold a new election for Speaker. But now that the session has adjourned, it would take a special session for the House to elect a new leader, which would focus even more media attention on the scandals, a prospect Democrats would rather avoid.

The alternative is that as long as there is not a special session for another reason, Morgan may be able to step in for Black and Chair certain committees and possibly make appointments to commissions and some studies.

It is not clear that be would allowed under House Rules. It is also not clear that all Democrats would stand for it, especially House members who are likely to seek the Speakership in 2007 if the Democrats maintain control of the House. Assuming the Speaker’s office now may give one of the Democrats a head start on the 2007 Speaker’s race.

gregflynn's picture

We/Me

Deconstructing my own use of the word I suppose it is shorthand for frustration that House Democrats failed to act decisively, that someone else must catalyze that action and that I don't wish to absolve myself of that responsibility as most House, Senate and Council of State members seem to have done. At this point all I seem to be able to do is pass the ammunition but if I don't assume some responsibility I can hardly expect it of others.

momoaizo's picture

After reading this

I need a bath! This is worse than a cess-pool, for Democrats sake, NC's sake and it's citizens sake, Black needs to step down.

Too bad most legislators still don't understand the power of the web. How their voting records can be discovered, their financial records, etc.

When more citizens see the power of this medium, perhaps more legislators will do their jobs in the light of day and not behind closed doors!

Robert P.'s picture

Excellent and pathetic.

Your story is excellent, the state of our campaign finances are pathetic.

With all of this going on, we still didn't pass any meaningful finance reform. WTF?

Gordon Smith's picture

Jim Black, Punk Bitch

Any Democrat who's not calling for Black's resignation won't get my support.

Representatives Coates, Harrison, and Underhill

stood up months ago and asked him to step down.

remember the few good women who were willing to stand up to the good old boys. send them an email or drop them a line and tell them that you are proud of them for standing up when no one else would. i think time will judge these three women well.

Kudos to Greg

If you haven't seen Bob Geary's new blog, you should. Iit's a good one, and there's an entry today featuring our own Greg Flynn!

Bob's one of the best guys covering politics in North Carolina and a regular visitor to BlueNC. I recommend you bookmark his site, especially if you have any interest in Raleigh.

Way to go, Greg!

gregflynn's picture

Legal? Defense Funds

Now comes another way to get around campaign finance laws. Get a parking ticket (pretty easy to do in Raleigh), contest it and start a legal defense fund. No limits, no disclosure requirements.

Black's Use Of Legal Defense Fund

gregflynn's picture

Coates, Underhill, again call for Black resignation

AP News at Charlotte Observer

"I don't know what a court of law will decide about Jim Black's guilt or innocence, but I do know that it has become more than just a distraction for him and for the people of North Carolina," said Coates, who's from Rowan County. "It has become a disgrace."

Coates was the first to call for Black's resignation. I've met Underhill. She's a nice person, smart and even reads her own emails.

"Regardless of the ultimate results of the ongoing investigations, the damage to the credibility of the House speaker appears to be severe and irreparable," said Underhill of Craven County. "I want to emphasize that I ask this courageous action of the speaker as an earnest plea to restore a sense of honor, respect, and credibility to the legislative body to which he has given so much."

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