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Monday, October 22, 2018
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  • MARTINSVILLE – With all the various sexual harassment stories popping up in the news, one is reminded of the old walnut shell game. Wondering which shell hides a kernel of corn is fun for a child, but for adults hunting for kernels of truth in the name of fairness, the political shell game is troubling. What factors hide the truth when public officials are charged with sexual harassment or other objectionable conduct? Universally, there are unwritten codes of conduct to not be a tattletale. Additionally, when an elected official holds perceived power over staff or other office holders, then support or silence may be seen as a critical political survival tactic. If the conduct and the threat of public knowledge are serious enough, an accused officeholder may make a payment or a settlement that includes a provision that the settlement or payment cannot be disclosed. This kind of agreement is known as a non-disclosure agreement (NDA) and has historically withheld the kernel of truth from public scrutiny. Such agreements or settlement are rumored to be fairly common. Who knows whether Indiana has legislators who have paid for such agreements? There are no requirements for public disclosure about sexual harassment claim payments and Indiana officeholders.
  • MARTINSVILLE – There are days when I think how far we have come in making justice look like our community and then are the days when I wonder what I was I thinking. I am not sure we will ever see political selection, merit, and diversity come together in a way that reflects all members of our communities. The appointment of Judge Elizabeth F. Tavitas to the Court of Appeals offers a point of hope and optimism for increased inclusion of women on the Indiana bench as one facet of leadership in the legal community.  Her appointment bodes well even though I do not know Judge Tavitas well. However, other judges whom I do know well and whose opinions I respect, know her and consider her to be an excellent judge. On Oct. 1, I had the pleasure and honor of attending her formal swearing-in and robing ceremony. So, it was a good day to celebrate and recognize Judge Tavitas’ accomplishments. I found a specific pleasure in attending Judge Tavitas’s ceremony because 30 years ago this month, Gov. Robert Orr announced that he was appointing me to the Indiana Court of Appeals. 
  • MARTINSVILLE – Recent developments out of the United States Department of Agriculture (USDA) contained good news on several issues. Secretary Perdue announced more details of how the USDA plans to assist farmers in response to trade damage from unjustified retaliation by foreign nations. In his comments, Secretary Perdue summarized the reasons why the President should be given some negotiating space. “President Trump has been standing up to China and other nations, sending the clear message that the United States will no longer tolerate their unfair trade practices, which include non-tariff trade barriers and the theft of intellectual property.” Despite the naysayers in the Washington, D.C. area, the outcomes might benefit all sectors of the US economy, both consumers and producers. Our trade principles should be balanced, free and fair. For years, from Argentina’s default to World Trade Organization decisions, I had questions about United States and our bland acceptance of grossly unfair trade practices from other countries. China has been outrageously open in stealing our intellectual property, but certainly not alone in those activities.
  • MARTINSVILLE – Hyper headlines about trade, tariffs, and treaties are really nothing new, and neither are the terrified commentaries about what is going to happen to the U.S. economy. The history of trade debate is part of our country’s crazy quilt of political shifts and turns in policy. Just a quick look at history can calm us and provide a better context for the current trade debate.  Today’s low U.S. tariff levels are the product of a (mostly) bipartisan consensus in favor of progressively freer trade that dates back to the post-World War II era. But that consensus was emphatically not the case for the first 150 years or so of the nation’s history: Tariff policy was the subject of fierce disagreement between Republicans (and earlier, Whigs) who favored high rates to protect American industries from foreign competition, and Democrats who by and large argued that any tariffs higher than necessary to fund the federal government unfairly taxed the many to benefit the few. To be clear, we have learned lessons from the Smoot-Hawley tariffs. I do not suggest we should repeat that experience.  
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  • Trump wanted to shut down U.S. border with Mexico
    “Close the whole thing!” - President Trump in a stormy Oval Office meeting about immigration. The Washington Post reported that aides talked Trump out of shutting down the U.S.-Mexican border, telling him it would curtail $600 billion in annual trade. Chief of Staff John Kelly and national security adviser John Bolton reportedly had a “profane” argument that prompted Kelly to storm out of the White House. Meanwhile, an immigrant caravan coursing through Mexico is becoming a late mid-term campaign issue. Trump said in rally in Mesa, Arizona Friday night, "Democrats produce mobs, Republicans produce jobs."
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  • It's Oct. 20 and it's weirdly green in Brown County
    In another year of Category 4 hurricanes ravaging the Atlantic and Gulf of Mexico coasts, wildfires devouring hundreds of thousands of acres in the American west, and a landmark United Nations report painting dire consequences of climate change coming as early as 2040, this has been a strange, strange autumn down here in Brown County.

    It’s Oct. 20, and it’s still green. There is very little color here in what should be the heart of what locals call “leaf looker” season. The golds, yellows and reds are mostly missing. And most of the leaves are still on the trees (though today’s high winds will change that a bit). Looks like peak color will come next weekend. No matter the color, c'mon down! 
    - Brian A. Howey, publisher.
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