FACT VERSUS FICTION — AN EMAIL FROM SENATOR DICK BLACK

When candidates start lying, we have to wonder why they are running for public office. When they have to make an issue out of silly stuff, we have to wonder why they are running for public office.

Here is an email that Senator Dick Black put out Monday. Judge for yourself

Senator Dick Black

Fact vs. Fiction

Deciphering Jill McCabe’s Lies

With one week to go in the campaign, Jill McCabe’s lies and attacks are getting more and more desperate. Here are the top 5 lies of the campaign:

MCCABE’S 1st LIE: Dick Black called military rape “as predictable as human nature”

black 1

FACTS

  • Senator Black wasn’t even talking about rape!
  • These original quotes come from a 20 year old Washington Times article entitled, Sex, ‘Inevitable’ in GI Training Camps: Female Recruits, Male Instructors Seen As Explosive Mix
  • The reporter interviewed several people with experience in military law enforcement, including Col. Dick Black. He was the Chief of Criminal Law at the Pentagon and spent his career prosecuting rapists and putting them behind bars.
  • When asked his opinion about sexual misconduct between older, male drill instructors and new female recruits who have to do what they say, Col. Black warned about the dangers of placing female recruits under the control of male drill instructors and the inevitable sexual misconduct and abuse that would occur. After years of mixed gender training, Congress is holding hearings to figure out why rape in the military is on the increase.

Far from condoning the practice, Senator Black was trying to protect women from rape and abuse by preventing them from being placed in a compromising position.

 

MCCABE’S 2nd LIE: Dick Black questioned the existence of spousal rape

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FACTS

  • Senator Black knows a husband can rape his wife and has prosecuted this heinous crime.
  • Jill McCabe doesn’t tell you that Senator Black (then Delegate Black) actually voted FOR HB488, which cracked down on spousal rape.
  • Senator Black is the ONLY Senator in the General Assembly who has ever prosecuted a spousal rape case!
  • The quote she uses is during a floor debate in 2002, where Senator Black was fighting to make HB488 more enforceable.

Senator Black’s former commanding officer, Major General Hugh H. Overholt, said, “No one ever did more to protect women from rape and abuse than Colonel Dick Black. That’s why we put him in charge of the Criminal Law Division at the Pentagon.”

Below is a screenshot of the final vote in favor of the bill. Read the entire bill for yourself here.

MCCABE’S 3rd LIE: Dick Black supported making divorce more difficult

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FACTS

  • Senator Black NEVER voted to make it harder for women to escape bad marriages. Even Jill McCabe’s sources debunk her own lie.
  • Jill McCabe cites a 1999 Washington Times article that states “At-fault divorces – based on adultery, abuse or abandonment – would remain unchanged.” Read the whole article here.
  • The bill in question (HB 2736) specifically exempted women in abusive relationships. Read the full text of the bill here and see for yourself.

In 1999, a bill was introduced that would have created a new marriage contract in addition to the already existing statutes. This contract would be voluntary and the couple would attend marriage counseling before getting a divorce.

 

MCCABE’S 4th LIE: Dick Black wants to take away your birth control

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FACTS

  • The Supreme Court ruled in Griswold v. Connecticut back in 1965 that it is illegal to try and take away birth control.
  • Sen. Black has served in elected office for twelve years and has never introduced or voted for a bill that tried to take away anyone’s birth control.
  • When asked about the lack of evidence to prove her outrageous claim that Black wants to take away birth control, Leesburg Today wrote, “McCabe said she believes he’s against its use.” Just because Jill wants it to be true, doesn’t make it true.

Jill McCabe’s citations deal with the “Morning After Pill” which is not birth control. Birth control prevents the conception of a baby. The Morning After Pill is an “abortifacient” that causes a spontaneous abortion after a baby has been conceived. Senator Black opposes the use of the Morning After Pill.

 

MCCABE’S 5th LIE: Dick Black forces women to have a transvaginal ultrasound before an abortion

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FACTS

  • There has never been a bill introduced in the General Assembly to require women to have “transvaginal  ultrasounds” before an abortion.
  • Most abortion providers perform an ultrasound before they perform an abortion. In fact, Planned Parenthood, which Jill McCabe supports 100%, requires an ultrasound (including transvaginal ultrasounds depending on the age of the baby) before they will perform an abortion.
  • Senate Bill 484 simply gave a mother the right to see her ultrasound at abortion clinics. Unlike Planned Parenthood’s policies, the bill did not require “transvaginal ultrasounds.” When complaints were raised that the bill’s language could “imply” the need for transvaginal ultrasounds, Senator Black told the Governor to clarify the language so transvaginal ultrasounds would not be required.

Senator Black is a loving husband, married for 47 years. He is a devoted father and grandfather to his daughter and six grand-daughters. He has spent his life upholding the values of a gentleman, seeking to protect women and children from abusive relationships as a prosecutor in the JAG Corps and in the General Assembly.

To make up such outrageous accusations and lie about someone with a lifetime of dedicated service demonstrates just how low Jill McCabe is willing to stoop. Rolling out these lies just 10 days short of an election illustrates her inability to challenge Senator Black on the issues.

If you can’t trust Jill McCabe to tell the truth in her campaign, how can you trust her to keep her word if she is elected?

Paid For and Authorized By Black For Senate.

Well, I actually was not paid by anybody.

TOLLS ON I-66 AND OBAMA VETOES NATIONAL DEFENSE BILL

The Goose That Laid the Golden Eggs, illustrated by Milo Winter in a 1919 edition.
The Goose That Laid the Golden Eggs, illustrated by Milo Winter in a 1919 edition. (from here)

What do the possibility of tolls on I-66 and President Barack Obama’s veto of the National Defense Authorization Act have in common? How could these two seemingly unrelated stories have anything in common? Both are part of a greater, national story, a true story of frothing mad greed.

Think about that old children’s tale. Here is version from Aesop’s Fables.

The Goose With the Gold Egg

ONE day a countryman going to the nest of his Goose found there an egg all yellow and glittering. When he took it up it was as heavy as lead and he was going to throw it away, because he thought a trick had been played upon him. But he took it home on second thoughts, and soon found to his delight that it was an egg of pure gold. Every morning the same thing occurred, and he soon became rich by selling his eggs. As he grew rich he grew greedy; and thinking to get at once all the gold the Goose could give, he killed it and opened it only to find,—nothing.

Tolls On I-66

Unfortunately, the idea of tolls on I-66 is something VDOT likes.

Virginia Secretary of Transportation Aubrey Layne today announced a plan to ease congestion on the traffic-clogged Interstate 66. Proposed improvements would move more people, enhance connectivity and provide new travel options on I-66, from I-495 (the Capital Beltway) to U.S. Route 29 in Rosslyn.

Tolling is proposed on this section of I-66 in both directions during rush hours to deliver free-flowing and more reliable travel, and support multimodal improvements that benefit I-66. Vehicles with three or more people would travel the lanes for free during peak periods, while other drivers would pay a toll to use the lanes. The lanes would remain free to all traffic during off-peak periods. (Continued here on VDOT’s website)

What would be done with the money? Our glorious leaders would collect the money from I-66 commuters and spend it on other, unnamed projects. Essentially, the toll is just a another way to milk the “rich” in Northern Virginia.

Here are some sample news stories.

  • I-66 inside Beltway toll plan unpopular at town hall (potomaclocal.com): Covers a Haymarket, VA townhall on the subject.  Delegate Bob Marshall (R) expressed this observation: “These tolls will affect the value of your home and the number of businesses that will locate here.” Don Shaw, his Democratic Party opponent said: “This is not a partisan issue.” Apparently, Shaw wishes Governor Terry McAuliffe, a DEMOCRAT, had waited until after the election to propose more taxes.
  • With big TV ad buy in Va. House races, Republicans zero in on I-66 toll plan (www.washingtonpost.com): With it’s usual air of neutrality, The Washington Post defends local Democrats. Of course, local Democrats don’t support taxing the local “rich.” It is those “rich” people somewhere else they want to tax.
  • The basics of Gov. McAuliffe’s I-66 toll plan (www.loudountimes.com): This article addresses the mechanics of collecting the tolls and gives some idea who would pay.
  • I-66 Toll Plan Faces Heavy Criticism (www.leesburgtoday.com): Here we get a synopsis of what some have been saying.
  • House Republicans Call on McAuliffe to Shelve I-66 Toll Plan (thebullelephant.com): This posts a release from Speaker Bill Howell’s office. He is against this proposed tax increase.
  • STOP I-66 tolls (www.delegatebob.com): Delegate Bob Marshall (R) has a history of being against tax increases. Of course, he is against this one too, and with good reason.
  • Sen. Dick Black Fighting I-66 $17.00 Tolls (www.facebook.com): Similarly, Senator Dick Black (R) is against the I-66 toll. His problem is that his opponent wants to paint him as against birth control, but think about it. Even if he was totally against birth control, what could he possibly do about it? It is a non-issue, a silly, lying distraction, by a candidate who is vehemently supported by that reliable bastion of truth, justice, and the American way, Planned Parenthood (Do you need parts from a dead baby? Give them a call.).

President Barack Obama Uses His Pen To Veto A Defense Bill

That, congressional Republicans said, is an unprecedented and irresponsible use of the veto power.

“The president has vowed to veto it. Why? Because he wants to stop and spend more money on his domestic agenda,” House Speaker John Boehner, R-Ohio, said Wednesday. “It’s time to put our troops first, time to stop playing political games.”

Since Congress started passing annual defense policy bills in 1961, they’ve been vetoed four times by Presidents Carter, Reagan, Clinton and George W. Bush. Each time, it was for a specific policy reason: a nuclear aircraft carrier for Carter, missile defense for Reagan and Clinton, and Iraq policy for Bush. (from Obama vetoes defense bill in high-stakes showdown over spending (www.usatoday.com))

Think about what Speaker John Boehner, R-Ohio, said. That defense bill is $612 billion. As big as that sounds, the defense budget is still only a small part of the Federal Budget. In 2016, the Federal Government is expected to spend about $0.9 trillion on defense out of a $4.0 trillion budget (from here). Yet consider how Sequestration works.

What is sequestration? 
Sequestration is a tool to implement strict spending cuts agreed to under the 2011 Budget Control Act, which required $1.2 trillion in automatic cuts split evenly between Defense and non-Defense agencies. (from here (www.afge.org))

What was Boehner thinking when he agreed to such nonsense? Isn’t NATIONAL DEFENSE the primary job of the Federal Government? Apparently not. Half the Federal Budget goes into Social Security and health care programs. So it is now “politically safer” to cut defense spending.

What is Obama up to?

“Obama says he opposes the bill because it uses creative budget maneuvers to boost defense spending by $38 billion without increasing domestic spending. Obama wants higher spending for both,” reports ABC News, which also mentions the President was upset that the bill would make it harder for him to close the terrorist detention facility at Guantanamo Bay. (from Obama Vetoes $612B Defense Bill Over Gitmo, Increased Defense Spending (www.breitbart.com))

As usual, Obama wants to waste more money, and he apparently wants to turn terrorists loose on us too.

What will Republicans do? If history is any indication, they will make some noise. In fact, the clucking chickens have already started.

Republicans erupted in near-universal criticism. Sen. John McCain, R-Ariz., the Senate Armed Services Committee chairman, called the veto “misguided, cynical and downright dangerous.” And more than a dozen House and Senate Republicans, including Iraq and Afghanistan veterans, joined in accusing Obama of putting politics ahead of the troops. (Obama vetoes $612 billion defense policy bill over budget dispute with Republicans (www.usnews.com))

However, Republicans will probably fold.

Republicans have pledged to attempt to override Obama’s veto, but it’s unlikely they have the votes to do so.

The Senate voted 70-27 to pass the bill, and overriding the veto would require 67 votes. But Democratic leaders have said some members would switch their vote to avoid defying the president.

The House vote count, 270-156, would not be enough to override a veto, which would take 290 votes.

Asked how confident the White House is Obama’s veto will be sustained, White House spokesman Eric Schultz replied: “very.” (Obama vetoes defense bill (thehill.com))

Consider the temptation. Republicans now have a ready-made excuse to increase spending. They can blame Democrats.

Other reports

Concluding Observations

In Fiscal Year 2015 (ended on September 30th), the Federal Deficit was $438.9 billion (from here). Undoubtedly, that deficit was disappointingly small for some of our elected leaders.

Virginia’s Constitution requires a balanced budget. Hence, that explains Governor Terry McAuliffe’s eagerness to find another revenue stream.

Are you a taxpayer? To many of our political leaders, you are a goose that lays golden eggs. Watch out for politicians with sharp instruments.

CONVENTION OF THE STATES SUFFERS A SETBACK IN VIRGINIA

constitution1.pngHere is what the Richmond-Times Dispatch is reporting.

House sponsor scraps bid for convention of the states

Virginia will not join the short list of states that so far have urged Congress to call for a convention of the states to propose amendments to the Constitution.

Following several days of delaying a vote in the House of Delegates, Del. L. Scott Lingamfelter, R-Prince William, realized that his resolution had lost momentum and today asked for it to be struck from the calendar.

“George Washington used to observe that in war you must see things as they are, not as you wish them to be,” Lingamfelter said on the House floor. ” (continued here)

It would have been interesting to see how people voted, but perhaps Lingamfelter feared the vote would be so lopsided it would be a pointless embarrassment. Virginia gets lots of Federal Government money. So the politicians here have a big incentive to promote big government spending.

What’s The Alternative?

Consider that Conservatives on both sides of the Article V Convention fight agree on one thing. They agree our government is out of control, but neither side has done a good job of answering this question.

Why is our government out-of-control?

If we want to solve a problem, we first have to define the problem. Until then, we cannot rightly define a fix. Well-meaning people like Delegate Scott Lingamfelter and Michael Farris can question the good sense of well-meaning people like Senator Dick Black. They can even rightly demand an answer to this question.

Senator Dick Black, what is your plan to stop the abuse of power in Washington, D.C.? (from here)

Nevertheless, Article V Convention advocates still have an obligation to define the problem before they propose a solution, and they have not done that. What they have been doing instead is trying to show why their solution will not blow up in our faces. Because they are always on defense, that’s why they cannot get the states to approve a call for an Article V Convention.

So what’s the alternative? I think our government is out-of-control because We the People don’t know enough and don’t care enough to run it properly. We point to the government and say it’s broken, but we are the government. That’s the nature of a republic. And yet most of us cannot explain what a republic is and why we have one. That’s why those opposing an Article V Convention have every right to be frightened of this “solution.”

Nevertheless, I favor the call for an Article V Convention. We live in desperate times that call for desperate solutions. We must do everything we can to make our fellow countrymen understand now is the time for all good men to come to the aid of their country.

Other Views

CONVENTION OF THE STATES OR CONSTITUTIONAL CONVENTION? — AN ADVOCATE’S VIEW

constitution1.pngHere Delegate Scott Lingamfelter replies to Senator Dick Black in an email dated 01/31/2015.

Fairness to Black requires we remember one thing.  We have never had a Convention of the States. We only know how it will work in theory.

Fairness to Lingamfelter, however requires we remember this. The founders intended that the states use the Article V process to bring an out-of-control Federal Government back under the control of the People.

Convention of the States: Important Update‏

Dear Friends,

I am sorry for the length of this, but it’s really important.

For those of you who are in support of an Article V Convention of the States, please read this important rebuttal by Michael Farris to Senator Dick Black’s email sent yesterday that is, I am sad to say, utterly untrue.

First, many of you know that I am the Chief Patron of this effort (HJ497) in the House of Delegates.  http://lis.virginia.gov/cgi-bin/legp604.exe?ses=151&typ=bil&val=HJ497&submit=GO

Those who are opposed to the states coming together to rein in Federal power have panicked, because we are on the verge of victory.  They are putting out blatant distortions to make people and their Delegates fearful.  Consider this:the following conservatives SUPPORT a convention of the states:

Ken Cuccinelli, Mat Staver, Governor Bobby Jindal, Randy Barnett, Sarah Palin, Mark Levin, Glenn Beck, David Barton, Colonel Allen West, Senator Ron Johnson, Retired Senator Tom Coburn, and countless other conservative leaders.  And we are joined by very brave Delegates in the House including Delegates Anderson, Morris, Ware, Berg, Bloxom, Cole, Cox, Edmunds, Fowler, Garrett, Greason, Head, Jones, LaRock, Massie, O’Bannon, Peace, Poindexter, Webert and Wilt.  They have the courage to take a stand and I hope you will also.  Others are signing on too as they come to realize that we must act now.

Do you think these conservative leaders are trying to scare you?  No, they are conservative leaders and they have the courage to stand up to Federal overreach and not cower to the fear tactics of the John Birch Society.

Second, there is an utter lie being circulated that the NRA opposes the Convention of the States.  The NRA has NOT taken a position and in fact their chief Counsel supports our effort.  So let’s be straight. Lies to scare folks won’t work.  Please call your delegate and senator this weekend, and tell them that this week when this comes up for a vote, to please act boldly and support HJ 497 and SJ 269, calling for a Convention of the States.

ANSWERING DICK BLACK: Michael Farris, J.D., LL.M., Constitutional Lawyer & Chancellor of Patrick Henry College

At the 1787 Constitutional Convention in Philadelphia, George Mason of Virginia insisted that there would come a day when the federal government would abuse the authority it was given under the Constitution. Mason therefore insisted that the States be given the power to propose amendments to the Constitution to rein in the Federal Government. Mason said that Congress would never propose amendments to restrict federal power. And he has been proven right.

Dick Black’s “Urgent” Appeal is false, deceptive, and demeaning to all Virginians. Here’s why:

1. BLACK CREATES A FALSE IMPRESSION OF IMPENDING CHANGE TO THE CONSTITUTION.

Black claims that “Virginia will vote to change the Constitution of the United States in a few days.” This is a far cry from the reality both as to the timing and as to the scope of the Convention. Virginia is set to vote on whether to begin the process of considering the proposal of specific amendments to the Constitution. We are years away from making any amendments (34 states must first approve the call, the convention must be held, and 38 states must ratify any proposals coming out of the convention before any change is made to the Constitution.

Black claims that Virginia could be the “tipping point” to get to 34 states. This is based on the idea that many states have already called for a convention, and that adding Virginia to the list would bring us to the needed number.

This claim is demonstrably false and nothing better than a blatant attempt to incite panic.

The two specific resolutions in front of the Virginia General Assembly are for an Article V Convention to limit federal power and jurisdiction (HJ 497) and an Article V Convention to propose a Balanced Budget Amendment (HJ 499).

Three states have passed the first application, and 24 states have passed the second. Virginia would not be the 34th state for either measure.

Black’s assertion that Virginia could be the tipping point is based on the clearly erroneous assumption that Article V applications can never be rescinded.

Every serious Article V legal scholar understands that rescissions are valid. I personally litigated a case regarding rescissions of ratifications of proposed constitutional amendments under Article V. The federal court holding is that rescissions of ratifications are indeed binding. Idaho v. Freeman, 529 F.Supp. 1107 (D.Idaho 1981).

The simple truth is that we are years away from voting on actual amendments to the Constitution. If these applications pass, Virginia will be the 4th state to call for a Convention of States to restrict federal power and the 25th state to call for a Balanced Budget Amendment. These applications can only trigger a convention where amendments will be debated, drafted, and then sent on to the states for ratification. They will “change” the Constitution only if ratified by 38 states.

2. LIBERAL ORGANIZATIONS CITED BY DICK BLACK ARE NOT “PUSHING FOR THIS.”

Black claims that George Soros, Code Pink, MoveOn.org, New Progressive Alliance and 100 other liberal groups “are pushing for this.”

None of these entities have endorsed or “pushed for” the Convention of States (HJ 497) or a Balanced Budget Amendment (HJ 499) in Virginia or any other state.

Not one of these entities even mentions Article V on their website (georgesoros.com, codepink.org, moveon.org, occupywallst.org, and newprogs.org). Not once. Moveon.org mentions Article V of the Wisconsin Constitution and Article V of the Geneva Convention. The Occupy Wall Street website includes reader comments discussing Article V. But not once is there any mention of Article V of the U.S. Constitution by these organizations. Pure silence.

Dick Black’s source for this claim is a website operated by a group that is seeking an Article V convention for a wholly different purpose. This group seeks to repeal the Citizens United decision by the Supreme Court. The organizations listed are endorsing the repeal of Citizens United. No organization with that movement has “pushed for” or endorsed either the Convention of States (HJ 497) or a Balanced Budget Amendment (HJ 499) in Virginia or any other state.

Black’s claim that these liberal organizations are “pushing for this”-referring to the bills slated to be voted on by the Virginia General Assembly-is a blatant falsehood.

3. WE DO KNOW HOW DELEGATES ARE CHOSEN

Dick Black says that there is no law which states how delegates to the Convention are chosen. There was no such law in place in 1787 when Virginia chose its delegates to the Constitutional Convention. The legislature had the inherent power to appoint delegates-who represent Virginia-and it did so. The Virginia General Assembly has that same power today, and it comes from Virginia’s sovereign power and Article V of the Constitution.

4. THE CONVENTION WILL BE LIMITED TO PROPOSING AMENDMENTS THAT LIMIT THE POWER OF THE FEDERAL GOVERNMENT.

Black claims (citing a video by the John Birch Society) that a convention cannot be limited to the subjects identified in the state applications, but will necessarily throw open the entire constitution. In fact they claim that our original Constitution is invalid because it, too, was adopted by a “runaway convention.”

This argument has been thoroughly discredited.

Dick Black needs to explain why he is listening to and promoting these dangerous people, who have admitted that they will pursue secession if their “plans” for nullification are unsuccessful.

5. CONGRESS HAS NO CONTROL OVER THE CONVENTION ONCE IT IS TRIGGERED.

You can see from the text of Article V itself that Congress only has two duties with regard to the Convention mechanism. It aggregates the applications and “calls” the Convention once 34 states apply for a Convention to propose a certain type of amendments. Then it chooses between two specified methods of ratification for any amendment proposals that come out of the Convention-each of which requires 38 states to ratify.

The term “call” used in Article V is a legal term of art with regard to the Convention process. To “call” a Convention is not to control it, determine its rules or decide who represents the parties! Rather, to “call” a Convention is to announce the date, time and location for it to facilitate its occurrence. Virginia “called” the Constitutional Convention in 1787. But did it unilaterally determine the rules or select the delegates from other states? Of course not!

Some of the arguments made by Dick Black are matters of opinion, and as such, are not untruthful per se–even if they have been rejected by most legal scholars. But when he says that Virginia could be the “tipping point,” and when he says that George Soros and Moveon.org are “pushing for this,” he has spoken untruthfully about material facts.

If Black is not willing to play straight with the facts, then his opinions do not merit serious consideration.

The “questions” Black poses about the Article V Convention process have answers that are grounded in fact, history, and law. For him to suggest otherwise is to purposefully sow confusion and fear.

The conservatives who have endorsed this effort include:

Ken Cuccinelli, Mat Staver, Mark Levin, Glenn Beck, David Barton, Col. Alan West, Sen. Tom Coburn (ret.), and many others. These are the people who, in fact, are “pushing for this.”

Senator Dick Black, what is your plan to stop the abuse of power in Washington, D.C.?