Ox Road South

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      Democrat, Elected

      Ox Road South · Headed to Richmond Tomorrow RSS Comment Feed Bookmark on del.icio.us


      Will be at the State Capitol with Delegate Mark Keam for the Governor's signing of SB 712, our bill to establish an overseas campus for George Mason in the Republic of Korea.   Representatives of GMU and the Korean Embassy should also be there.

      The campus will be built on man-made island in Incheon Harbor that was created when the new airport was opened in 2002.   This island has been designated (and will be created) as a "free trade" international city within Korea, a fitting distinction considering that a third of the world's population is within a two-hour plane flight of Incheon. 

      Grants from the Korean government will estblish English-speaking campuses on the island.   George Mason is one of the select American universities invited to participate, because of its role in the prestigious Virginia higher education system and its proximity to Washington DC..  SB 712 gives them the legal framework to do that.

      Democrat, Elected

      Ox Road South · There They Go Again RSS Comment Feed Bookmark on del.icio.us


      The Governor has a number of commissions meeting this summer.  One of them is focused on Economic Development.

      According to today's Richmond Times-Dispatch, that Commission is reviewing 115 different ideas to promote economic growth in the Commonwealth.  

      Two of those receiving the most favorable attention according to the RTD:

      1.  Eliminating the corporate income tax in Virginia
      2.  Increasing our state's economic development budget

      Tax less, spend more.  There's an idea.

      The last thing we need right now is a Commission which continues to avoid hard choices and just provides happy talk.  Advertising our state is great but the metrics on the return investment are very uncertain (yes, I've heard all the "estimates").  The only sure winner in a marketing campaign is the contractor you hire. 

      And eliminating a whole category of taxation, would mean that our small locally-owned businesses (LLC's and PC's) would be stuck with the corporate tax burden while the large companies pay nothing.  That would benefit the large company shareholders.  Do they even live in Virginia?

      Personally, I would be much more impressed if the Commission was to tell us what economic tools are not working and suggest elimination.  Or suggest eliminating certain corporate tax breaks which don't create jobs.

      That would show something. 




      Democrat, Elected

      Ox Road South · "Annie Get Your Gun" -- A Great Show RSS Comment Feed Bookmark on del.icio.us


      Friday Night I was at Lanier Middle School in Fairfax to see the City of Fairfax Theater Company (I had the name wrong earlier) put on their performance of "Annie Get Your Gun."

      The sets were colorful and the acting was very professional, if not actually professional.  There was also an ad hoc music group, which played the musical numbers from the orchestra pit.

      The story, which was written by Irvin Berlin in the 1930's, tells the story of Annie Oakley (a.k.a. "Little Sure Shot") who toured with Buffalo Bill Cody's Wild West Show in the 1880's.  The show was a smash in the eastern U.S. and in Europe.  Oakley was a famed sharp shooter who married Frank Murphy, another performer.

      Hollywood made it a movie in the early 1950's, the era of super-size cinematic productions.  The dialogue and music are definitely period pieces -- don't think you'd see that writing now.  

      Anyway, the show plays three more dates (Friday, July 30, Saturday, July 31 and Sunday matinee Aug 1). 


      Democrat, Elected

      Ox Road South · Senator Webb in Wall Street Journal RSS Comment Feed Bookmark on del.icio.us


      Senator Jim Webb (D-Virginia) is both a student of history and an unapologetic free thinker -- two traits that immediately separate him from 90% of the people in elected office today.

      As a Senator, he has been a leader on national issues such as the GI Bill for Iraq-Afghanistan vets and the reform of Federal criminal sentencing laws.  In both cases, he took positions that were risky, even unpopular, for the sake of doing the right thing.

      Yesterday, in the Wall Street Journal , he took on the ultimate verboten topic:  Federal affirmative action programs, specifically those which require government contracts be given to "minority" (i.e. non-white) applicants.  As a white man, he risked being called a "racist" by even addressing this subject.  And surely some will misrepresent his message.   

      But he was right to do it.  Because this discussion needs to be acknowledged (it's already happening) without the predictable name-calling which has already infected the illegal immigration debate.

      Since the good Senator has raised this topic and I am now commenting upon it, I will confess the following:  I am an ordinary white American male who was raised in a stable home by church-going and loving parents.  I've had every advantage that comes with living in this great nation and am glad for it.  Having said that, I note the following facts --

      1.  The Civil Rights laws of the 1950's and 1960's were passed to address a specific situation unique in American history, namely the enslavement of black Americans until the Civil War and the subsequent segregation laws which were used to treat them as second-class citizens.   This situation is (and was) unique and there is no corollary to it -- although invariably other minority groups attempt to analogize themselves to that experience.

      2.  Because of slavery and segregation, there was a distinct impact on American society which has taken generations to unravel.  That situation was recognized by laws passed in the latter 20th century which sought to remediate this discrimination by ensuring access to opportunities by the descendants of America's native African-American population. 

      3.  Our world has changed radically (for the better) since those times.  My parents grew up in a society that was still segregated.  My mother attended an all-white high school in Alexandria in the late Fifties.  By the time I entered the Fairfax City School system, we were fully integreated, although my high school was still 90% white.  My children -- who are half-Korean by ethnicity -- now attend the City schools which are at least half minority.  Their friends are of Asian, African and Middle Eastern descent.  There is no connection with the segregated system of 50+ years ago. 

      4.  The "minorities" that have come legally to the U.S. in the past generation from around the world are not poor and down-trodden.  Nor are they victims of legal discrimination.  In our area, they are highly-educated and motivated professionals who have sought the academic and career opportunities of America.  (I say this being married to the daughter of such a family).  It is an absurdity to conflate their legal situation with that of the Jim Crow era.

      5.  Thanks in part to this infusion of human capital, we increasingly achieve a "diversity" of outcome without any government manipulation.  Look at our  local schools:  the valedictorian of the celebrated W.T. Woodson High School this year was of African descent -- and nobody noticed.  Our magnet school (Thomas Jefferson) as well as the University of Virginia could have all their slots filled with qualified "minorities" without losing any academic ground.  The U.S. Supreme Court is fully diverse, with the conspicuous exception of Protestants. 

      6.  While America integreates, the whole concept of race is being changed before our eyes (See Obama, President Barack).  Intermarriage among racial groups is not controversial -- it's not even noteworthy.  In a mixed marriage, the concept of identifying yourself or your children as a "member" of one particular racial group becomes a case of self-selection -- nothing more.  It should not form the basis of qualification for some government benefit.  

      Those are the positives.  Now here are some realities from those of us (like me) who are not minorities: 

      1.  Believe it or not, being "white" is not an automatic ticket to success (people of my age will remember the famous Eddie Murphy spoof on SNL years ago about the "white world" -- unfortunately it's not true).  The majority of citizens on Medicaid and TANF are white.  There are significant pockets of poverty in Virginia in communities which are completely white.  Indeed, the lack of diversity is often a proxy for lack of jobs or investment.  On average, white Virginians have average higher incomes than some minorities (blacks and Latins) and lower than others (Asians).  It's a mix.  (Okay, I will admit we dominate NASCAR).

      2.  As Senator Webb points out, the current contracting laws, which seek to benefit anyone who is "non-white" are built on a Civil Rights era platform where only blacks and whites existed in significant numbers -- and only whites had access to education or investment capital.  The facts have changed but the laws have not.  That has led  led to bizarre outcomes where being a "Native Alaskan" is considered a great windfall (??), while working your way through school out of a trailer park means nothing.   (side note -- I once had a client who could not bid on a Fed contract because he was "not a minority" -- he was an Afghani refugee who escaped the Communists and started his own successful business in Springfield).

      3.  The most statistically significant determinant of success in America is not race.  It's the wealth and education of  your parents, whether they are from Mumbai, Lagos or Peoria.  Again, I say this being the product of a great parents, an advantage which I cannot duplicate except for my own kids. 

      Here, is my humble conclusion to all this ...

      The Civil Rights laws had a distinct purpose which needs to be recovered -- the remediation of ills arising from America's history of slavery and segregation.  The effects of that history is still apparent in this nation, yes in Virginia.  That challenge is not over although this nation has made enormous strides.   Separately, the use of Federal (and state) law to promote small business is critical, especially in Virginia which needs to open up its state contracting to more outside firms. 

      However, only favoring businesses which can prove they are "non-white" is simplistic and ultimately wrong.  Similarly, there is no moral or historical reason to legally favor the children of immigrants over the children of existing residents --simply because the latter is white and the former is not.  Again, that choice dilutes the moral clarity of the Civil Rights laws and ironically puts a burden on those who may need help the most. 

      We have seen two generations pass through without a serious discussion on the topic that Senator Webb has raised.  It's going to happen very soon.  When it does, I suggest that it occur without the inevitable cries of "racism" and with a clear eye towards the history of our people and the purposes for which these laws were intended.



















      Democrat, Elected

      Ox Road South · "Annie Get Your Gun" at Lanier MS Tonight RSS Comment Feed Bookmark on del.icio.us


      This is a shameless plug for my wife Sharon and my two daughters who are in the production of "Annie Get Your Gun" which is being done by the Fairfax City Players tonight at Lanier Middle School.  Show begins at 8 p.m.  There are also shows tomorrow (Saturday) night and next weekend.

      The City Players is an amateur group based in Fairfax City which puts on musicals and theater productions.  The cast is a range of parents and school children.  Everyone volunteers their time.

      Come see the show. 


      Democrat, Elected

      Ox Road South · Vienna Tysons Chamber Awards RSS Comment Feed Bookmark on del.icio.us


      Last night I was the MC at the annual Vienna Tysons Chamber of Commerce business awards, which was held at Maggiano's in Tysons.  There was a large crowd of over 100 business owners attending, along with Supervisors Cathy Hudgins, John Foust and Sharon Bulova (Chair) and Delegate Mark Keam.

      As everyone in Fairfax knows, the Tysons area has grown exponentially in the past forty years from a rural grocery store at the corner of Rte 7 and Rte 123 to one of the largest office and employment centers on the East Coast.

      Most of this growth is driven by high-tech corporate icons such as SAIC or Microstrategy or quasi-government agencies like Sallie Mae and Freddie Mac.  The growth is supported by small businesses, such as those represented by the Chamber, which provide the services from preparing meals to moving families.

      With the County Board emphasizing a future on-site residential population of potentially 100,000 people in Tysons, the role of small business is only going to expand. 

      Of course, one of unique niche businesses in Tysons are tow truck operators called upon to Slim Jim a vehicle when the owner has locked himself out of it after a speaking engagement.  Not that I'd know anything about that. 








      Democrat, Elected

      Ox Road South · Catching Up RSS Comment Feed Bookmark on del.icio.us


      I've been out of town the last 10 days.  Just catching up to the flood of news, messages and emails.

      I see the Post had a front-page story today on the privatization of the ABC system which is being studied by the Governor's Government Reform Commission.  I'm sure we'll be hearing a lot on that in the next few weeks.  There are a lot of interested parties who'd like to see the ABC franchise expanded.  The Assembly needs to stay focused on what best represents the taxpayer and community, which has an interest in regulating the time, place and manner of alcohol sales.

      Whatever happens I think it's foolish to talk about the revenue as a "transportation solution."  That money will be a drop in the bucket and who knows whether it's a one-time cash infusion or an annual stream of revenue (as the current ABC system works).  Also the transportation solution should be based on transportation revenues, not the sale of a state liquor franchise. 

      Will be posting shortly on my trip to Turkey ...


      Democrat, Elected

      Ox Road South · Keep the Black Sea Blue (and other Tales from Turkey) RSS Comment Feed Bookmark on del.icio.us


      This past week I was part of a bipartisan legislative group that visited the nation of Turkey through a trip sponsored by the American Turkish Friendship Association, which is based in Fairfax CIty.

      Also attending were Harvey Morgan (R-Middlesex), Jim Scott (D-Merrifield) and Betsy Carr (D-Richmond).  An earlier group of legislators took a similar trip in May.  We paid for our own plane tickets to Istanbul.  The rest of the trip, including accommodations for one week was paid for by ATFA.

      It was a working vacation.  Our group met with several government representatives, including MP's representing the Turkish ruling party in Ankara and the mayors of localities around Istanbul.  We also visited with prominent Turkish journalists, an international trade association, a political think-tank and several business leaders seeking contacts in the U.S. 

      Turkey is a nation of 70 million people.  It has the 16th largest economy in the world and is a pro-American gateway to Arab nations, many of which have strained relations with the U.S.  The purpose of our journey was to promote Virginia (and the U.S.) as a trading partner and maintain the friendly relations which have existed since WWII. 

      My favorite encounter was our debate before a crowded hall of college students in Ankara.  Like many students in the MIddle East, they expressed skepticism of the role of the U.S. in promoting democracy.  We stood up for our country and its long alliance with Turkey through NATO.  It was good to have an actual American in the room to defend the U.S.  While we did not agree on every point, I think we impressed the students with our willingness to hang in there and answer questions.

      The meetings, greetings and gift exchanges were only part of the story.  Otherwise, here are some of my impressions from the whirlwind journey:

      1.  Istanbul (nee Byzantium, Constantinople) is a visually stunning City and the former capital of three major world empires (Rome, Byzantine and Ottoman).  Its architecture monuments like the Hagia Sophia and Topkapi Palace are some of the most famous in the world.  The Bospurus straits split the City (and Europe from Asia) and the views are unparalleled.

      2.  The Grand Bazaar in Istanbul is some of the most exciting shopping in the world.  You can spend all day there with less than sixty bucks and never see the same shop twice.  Nothing like seeing Western tourists in khaki shorts and Saudi women in all-black burqas standing in line together to buy gifts.

      3.  The land of Anatolia (eastern Turkey) is the cradle of the Christian faith with cities like Ephesus, Antioch and Sardis as well as the modern-day Izmir, which was Smyrna.  The cave paintings in Cappadocia (the Biblical Galatia) are astonishing.  They literaly tell the story of the Christian faith at its formation.

      4.  The Turkish people are friendly and many speak English.  Despite recent tensions, we had very few negative comments and several families generously hosted us for dinner, which featured lamb kebabs and fresh fruit.  It is also a democratic country, unlike most its neighbors.

      5.  The coastal waters are clear and warm.  I went swimming in the Aegean Sea near Ephesus and the Black Sea, north of Istanbul.  After the latter, we visited with the Mayor of the seaside city where we spent the day.  He was running for re-election so I gave him his re-election slogan:   "Keep the Black Sea Blue."   Not sure how that will translate.

      6.  The interior of Turkey is dry and mountainous.  Reminds me of Utah or Nevada.   It has been criss-crossed by conquerors dating back to the Hittites, so much so that there are warrens of cliff dwellings and caves to hide from invaders. 

      7.  The nation of Turkey is legally secular but the large majority appear to be practicing Muslims.  You have no doubt you're in the Islamic World, especially when the muezzin calls the faithful to prayer at 5 a.m.  By contrast, there a few actual churches or synagogues left despite the long history of intermingled faith. 

      In my career, I've been invited on several international trips.  This was the first I ever accepted and I'm glad I did.  Returning to Virginia, I realize how fragile our position in the MIddle East and how critical our relations with allies like Turkey.  Again, I cannot overemphasize the unfailing generosity and friendliness of our Turkish hosts.  There is a strong bond there. 

      Thank you to the American Turkish Friendship Association and our great guide Mahmud for making it possible. 

      Tessukur lar Turkiye.  Chok guzel!   (Thank you Turkey.  Great job!)














      . 


      Democrat, Elected

      Ox Road South · Democrats Gather at Homestead RSS Comment Feed Bookmark on del.icio.us


      When I was a first-grader in 1974 at J.C. Wood Elementary in Fairfax City, I wrote an editorial to my school newspaper opining that kings and queens should be abolished and the money spent on them should be used for parks and libraries.  Thirty-six years later, I stand by every word I said.  But nothing has changed. 

      A young person's instincts are usually correct.  But traditions are hard to break down.

      When I was a freshman House member in 2002, I objected to the fact that the Democratic Caucus held its annual meeting at the Homestead.  First, while the Homestead is beautiful, it isn't a precise fit (to put it mildly) with the Democratic brand which is giving a voice to working people.  Second, we weren't in the majority and, therefore, it seemed presumptuous to invite donors and supporters to such a meeting. 

      I made that point to whomever would listen (a small group to be sure) and the motion went nowhere.  I've raised it a couple times since and the response was the same. 

      This week, the Joint Democratic Caucus, House and Senate, again held its annual meeting at the Homestead, a tradition dating back to 1988.  (The Republicans held their own Joint Caucus at the Homestead earlier this year).  This year's event got some modest publicity on the Post Virginia politics website and some targeted criticism on the liberal blogs. 

      Since I stand by my earlier position and thus largely agree with the criticisms, I won't bother with a long-winded defense.  Having said that, the Joint Caucus meeting at the Homestead is not really remarkable -- there are several Caucus events which are held to raise money and give exclusive access to donors.  With those funds, the Caucus is able to support candidates (i.e. challengers) that need the institutional help. I should know, as I received nearly $500,000 in Caucus and DPVA funding in 2007. 

      The events themselves are pretty mundane.  After Caucus meetings on Monday afternoon, there is a cocktail party that evening with all the guests.  Most are lobbyists or trade representatives that work regularly in Richmond.  We see them throughout the year and they call on us when they have a client issue.  Nothing new there.  The only benefit for me was that my wife Sharon could join me Monday night which was great. 

      On Tuesday morning, there was a golf tournament and a skeet shooting contest.  Although I was signed up for the former, I took part in the latter (my mix-up and my mistake) with a small group.  There was no business transacted unless you count blasting away at orange "birds" flying through the woods of Bath County.

      Tuesday afternoon I spent the whole time at the hotel Business Center doing legal work.  No fun there.

      Tuesday night was another cocktail party followed by dinner.  Without using names, I sat next to a spokesman for domestic power producers on one side and the legislative director for the Brotherhood of Maintenance of Way Employees Division (Teamsters) on the other side.  I already knew both of them.  We spent most the time talking about baseball and music. 

      Wednesday morning I went for a run in the mountains around the Homestead.   I had a quick breakfast in the dining room where I sat with the Teamsters rep (he was wearing a tee shirt that read "Keith Richards for President"). 

      Afterwards, I caught a ride home with my law partner, Delegate Scott Surovell.  No checks requested or received.  The two-day stay cost me about $1K. 

      Here's the larger point ....

      A lot of folks criticize Virginia for having laws that permit unlimited donations, both personal and corporate.  I agree with the criticisms and have sponsored legislation to cap "super-size" donations.  I'll do so again in 2011.  Until that law changes, I'll continue to raise money and attend events for myself and the Caucus under the existing laws.  Mom didn't raise an idiot. 

      Some day, a new regime will come along and there will be a change in this state in terms of corporate access or influence. It doesn't mean that the current way is corrupt or illegal.  It's neither.  But there will be a change.


















      Democrat, Elected

      Ox Road South · Lessons Learned in the American Legion Beer Tent RSS Comment Feed Bookmark on del.icio.us


      Yesterday was hot.  Really hot.

      My Chief of Staff Kathy, her husband Bruce and I spent all day at the Town of Vienna July 4 Festival where we staffed a booth, along with Delegate Mark Keam.

      Folks came by at odd intervals to visit us.  But it's fair to say that nobody was moving quickly.  In fact, it was so hot that I saw a dog chasing a rabbit -- and they were both walking.

      Around 2:30 p.m., I found myself irresistibly drawn to the Post 180 American Legion Beer Tent, in the shade by the Vienna Community Center.

      One 16 oz. cup later, life didn't seem as hopeless.

      While knocking back the icy cold beverage, I had a great conversation with Bob Hatter, President of Post 180.  Bob and his wife Martha are the kind of folks that are the backbone of a community but don't make a big deal about it. 

      Bob was telling me his history as a young soldier in West Germany during 1961, when the Berlin Wall went up.  When the message came that there was activity on the Russian side, Bob and his unit were mobilized and sent to Berlin via the Autobahn, which cut right through Soviet-controlled East Germany.

      Bob and his unit got to the scene to watch the Soviet and East German soldiers actually building the wall.  Not content with watching the injustice unfold, the young Americans began heckling the other side.  Some U.S. soldiers actually threw pieces of concrete and mortar across the dividing line.  An actual firefight seemed imminent.

      Cooler heads (and officers) prevailed and the incident wound down without any shooting.  The wall stood in place until 1989, when the people of Berlin themselves tore it down.  I was a senior in college that fall and will never forget it. 

      Anyway, it's amazing what you can learn when you buy a beer on a hot day. 







      Democrat, Elected

      Ox Road South · Key Stats from Today's Parade RSS Comment Feed Bookmark on del.icio.us


      It was a beatiful summer day in Fairfax today.  Here are the key numbers to remember:

      20,000  Estimated attendance along Parade route
      10,000 Estimated number of people who will show up at 10 a.m. tomorrow for July 4 parade
      150  Number of folks in basement of Auld Shebeen to hear Old Shamrock bagpipes
      80  Number of members of Redskins Marching Band
      50  Number of clowns riding in cars
      20  Number of elected officials riding in cars
      6  Number of high school marching bands
      3  Number of Bolivian dance groups
      1  Number of anti-tax activists marching with bullhorn (thanks Jim Parmelee!)




      Democrat, Elected

      Ox Road South · Tysons: "To 2050 -- and Beyond!" RSS Comment Feed Bookmark on del.icio.us


      Last week the Board of Supervisors passed a major new plan for Tysons Corner which serves as a massive overhaul for the car-choked symbol of anti-pedestrian suburban sprawl.

      The irony about Tysons is that everyone derides it and yet it still claims the highest rents and best occupancy rates in the D.C. area.  In other words, nobody wants to be there - but everybody is.

      It's like how Oreo's are still the most popular snack food but no one admits buying them.

      The concept behind the new plan is to divide Tysons into digestible neighborhoods with a grid pattern of roads and transit, cut down on patchwork land uses, and create walk-able enviroments with mixed- use residential and park spaces. 

      With the new Metrorail in place, what could go wrong?

      It's all great stuff.  But some folks are not enamored .

      Leaving aside the inevitable qualms of neighboring communities on large increases in permitted density, there are some real world issues contrasting the way things are with the way we want them to be (editor's note:  I represent the "South of 7" portion of Tysons and the neighborhoods immediately adjoining).

      In my previous life as a Fairfax City Councilman (1998-2002), I was a full-bore advocate for walking to work and walking to shop. I pushed for businesses with "street presence."  I fought the enemy of large parking fields with minimal landscaping and flat buildings with low FAR ratings. We all thought that "street scape" was the future.

      It hasn't quite worked out that way.  The reality is that the Wal-Marts and Costco's continue to capture market share, even in 2010.  Small downtown business cannot seem to compete, except for a highly niche audience.  I can't tell you the struggles I've seen for downtown businesses in Fairfax to stay open -- and that's with a City that's highly supportive of small business.

      To commit Tysons to a pedestrian-friendly path is laudable.  I'm 100% for it.  All new cities and all new roads should contain spaces for bikers and pedestrians.  But you can't just build it - the market (i.e. consumer market)  has to support it.  Businesses have to want to locate there and consumers have to want to visit you. 

      You can't dictate that.  People choose convenience over aesthetics all the time in America. And that leaves me skeptical, while still supportive of the plan goals. 

      Tysons will always remain an uncoordinated example of suburban sprawl.  That's its nature.  It can be more accessible for walkers and bikers.  But it will take far more than a plan to change Tysons'  fundamental nature.  It will take a change in the attitudes of those who visit.










      Democrat, Elected

      Ox Road South · Independence Day 5000 Starts Weekend RSS Comment Feed Bookmark on del.icio.us


      It was a twilight 5K tonight at George Mason University.  About 800 runners showed up, including ultra-marathoner superstar Michael Wardian -- who according to our MC set the indoor record time for 26.2 miles last night.

      We ran a fast track all around the University campus.  I finished in 23:19.  My times have really fallen back since the spring.  Did I just age 10 years and somehow miss it?

      Big day tomorrow.  Starts with Central Fairfax Chamber breakfast at 7 a.m. and finishes with fireworks at 9 p.m.  In between, there' s 14 straight hours of shaking hands in Fairfax, Vienna and back to Fairfax.

      My favorite part is walking the parade route before the parade starts.  I get to see a lot of constituents and hand out free "People's Senator" pencils.  It's a nice easy way to see old friends. 

      See you tomorrow

      Democrat, Elected

      Ox Road South · The Korean Bell, Jim Moran and the Legend of Kim Yu-Sin RSS Comment Feed Bookmark on del.icio.us


      This is a long and incoherent story but it's worth writing about.

      On Sunday, there was a ceremony at the Meadowlark Gardens in Vienna to "break ground" for the Korean Bell Garden which has been the subject of a multi-year fundraising campaign by the Korean American Cultural Committee and its indefatigable chairwoman Chun Elmejjad-Yi, with significant support from the Korean Embassy. 

      It was 100 degrees outside and the various dignitiaries were shuffled over to a tent to make speeches and pose for photos from the Korean press.  Another day in the life of a politician.

      But then things got interesting.

      In the middle of the ceremony, Congressman Jim Moran showed up.  He didn't repeat the usual niceties.  Instead, he spoke directly about the lack of democracy and human rights in half of the Korean peninsula, which had led recently to the killing of 46 innocent sailors for the ROK.  Suddenly, the reporters started taking actual notes.  Because Jim was actually taking a symbolic moment and linking it up to real issues for the U.S. and our allies. 

      I had a chance to speak next.  Besides standing 100% behind the comments of Jim, I talked about my own visits to Korea and my personal connection to the cause of Korean unification.

      In 1996, when I became engaged to my wife Sharon, her family (which is Korean) had no idea how to process an American son-in-law.  So they gave me a Korean name. 

      My Korean name is "Kim Yu-Sin" (Kim Yoo Sheen).  That's not any ordinary name. It's the name of a famous hero in Korean history, the chief general of the Silla kingdom in 8th century A.D. that conquered the neighboring kingdoms of Koryo and Paekche and unified the Korean people -- think George Washington without his Presidency. 

      Under the leadership of the "Silla dynasty," the Korean people would be unified for the next several hundred years.  Indeed, the Silla emperors created much of today's Korean culture, language and traditions -- including the "Korean bell" which was the focal point of the traditional Silla village.

      The Silla kingdom was based in Gyeong-ju,  near my wife's birthplace of Taegu in southern Korea.  Koreans from the southern hills speak their own dialect and have their own sense of identity, much like American Southerners.  Incidentally, a lot of them now live in places like Fairfax, Burke and Centreville.  God Bless America.

      Kim Yu-Sin is the patron saint of Korean unification and Silla identity.  Incidentally, hisburial site in Gyeong-ju, where I've had my photo taken, is near the famed "Emmele" bell --  perhaps the only surviving bell from the Silla era.  It's massive in size (nearly 40 feet tall) and still standing in its original location, I think.  The national museum of Korean History sits next to it. 

      Anyway, I say all this to make a larger point -- that unification of the Korean people is an historic destiny.  Making that occur in a democratic framework should be the goal of U.S. policy in East Asia.

      And you don't need a Korean name to know that. 

















      Democrat, Elected

      Ox Road South · Passing of Senator Byrd RSS Comment Feed Bookmark on del.icio.us


      A lot going on today with the Kagan nomination process beginning and the Supreme Court handing down a number of major new decisions .

      The big news, of course, is the passing of Senator Robert Byrd (D-W.Va), who was the longest-serving U.S. Senator of all time, having been elected nine times from the Mountaineer State.

      No point in attempting to dupliate the numerous eulogies that will surely be written or posted in the next few days. 

      Senator Byrd was a throw-back, one of the last "Dixie-crats" who reinvented himself to become the Senate Minority Leaders and then Chairman of Appropriations for much of my memory.  The loyalty of the West Virginia voters to their champion is self-evident.




      Democrat, Elected

      Ox Road South · See you at Auld Shebeen (Or Not!) RSS Comment Feed Bookmark on del.icio.us


      I'm going to try to get there by 3 pm today for US v. Ghana soccer match.  I watched the US v. Algeria there on Thursday and also GMU vs. UConn in 2006 -- two of the greatest victories of all time.  So it's lucky. 

      Before the game, I am speaking at a Graduation in Oakton for a local adult education school.  The theme of my Commencement speech is "How Life Imitates the World Cup."  You got to fight past the bad breaks.  And enjoy the spectacle.

      This morning I ran the Tim Harmon 5K at the Government Center.  Thanks to our hard-working Fairfax County employees for organizing and the "Sock Monkeys" for the rock and roll music (love the classic Stones).  There had to be at least 500 runners and walkers out there. 

      I finished the course in an average 23:14, not very good but better than my last couple efforts.  I just nosed out my former Assembly colleague Chuck "Speed King" Caputo, who looked great.

      (update at 12:45 pm)

      Epic fail.  Just found out that the graduation is at 3 pm!   Absolute worse time to watch the game .  Must find an I-phone. 










      Democrat, Elected

      Ox Road South · Fight Over Metro Board Seats Raises Larger Issues RSS Comment Feed Bookmark on del.icio.us


      Recently the Governor announced that VA would withholding its share of the funding for the Metro transit service until the board seats were reconfigured to give the Commonwealth more representation.

      That ham-handed pronouncement appears to now be balanced by Secretary of Transportation Sean Connaughton yesterday stating that the money would be funded so that METRO -- which is notoriously cash-strapped -- can meet its obligations to match funds from the Feds.  However, the same issues apply.

      While the Governor was way too cavalier in his commitment to METRO, which serves thousands daily in central Fairfax, there are some underlying issues which need to be addressed. 

      1.  The METRO ship is continually dysfunctional.  Much like the escalators which are continually out of operation, the METRO system has suffered continual problems over the past few years, culminating in last year's horrific crash.  It has suffered thefts.  It has incurred unsustainable costs in ordinary operations.  It has continually raised fares (next increase this weekend).  There is a massive amount of oversight which is necessary.

      2.  The Virginia model of part-time lawmaker is a very poor model for this type of oversight.  I will be the first to admit.  Outside of my regular law practice and my Senate service, I have very little time to focus on an additional commission.  (I serve on two -- Civics Education and Energy but each meets 3-4 times a year).  Managing a multi-billion dollar outfit like METRO requires full time and attention.   A part-time lawmaker does not have the ability to focus on issues, find solutions and devote the resources to managing the system.

      3. The multi-state nature is problematic.  A regional system is an absolute must for a transit system in our area.  Yet VA, MD and DC have very different laws and political cultures.  Virginia continues to grow in population, jobs and influence.  Fairfax County alone is twice the population of Washington D.C.  Yet our representation stays the same?  Virginia deserves an increasing say as our share of the operations and population increases.    

      4.  The METRO Board requires professional expertise.  Someone who has operated transit (rail or bus) systems and knows the ordinary "cost per rider" or "cost per mile" of the services provided.  Again, a part-time lawmaker (who holds another full-time job away from politics) will not have this knowledge.   

      The METRO system, flawed as it is, is essential to the economic well-being of Northern Virginia.  There is no substitute.  Having said that, the make-up of the METRO board is not set in stone.  It deserves to be reviewed and updated to reflect the changing face of a forty year-old system.







      Democrat, Elected

      Ox Road South · Civics Commission in C'ville RSS Comment Feed Bookmark on del.icio.us


      Yesterday I traveled to Charlottesville to chair the meeting of the State Civics Education Commission at the Miller Center on Old Ivy Road -- about a mile west of the Main Grounds.

      The meeting was a follow-up from our March 30-31 symposium in Montpelier, where we talked about revamping the state's civics and governmental courses to make them more exciting and relevant to today's youngsters.

      Yesterday, we had several speakers, including Professor Mike McDonald of George Mason University who spoke about the concept of "pre-registration" which allows 16-17 year old students to register to vote -- prior to their 18th birthday.  The advantage is that they can then participate in elections as volunteers at polling sites prior to their actual ability to vote. 

      The Commission endorsed the idea.  It also endorsed the idea of a statewide leadership conference for middle-school students who are selected for their interest in politics and government.  (Luckily we have a private sponsor interested in helping us find the $$ for such a conference).

      Lastly, we reviewed several of our recommendations from Montpelier, including creating a "Lab School" for government, updating the 12th grade Government curriculum and establishing guidelines for School Boards to discuss political topics and invite candidates for discussion and debate.

      I will be contacting the Superintendent of Public Instruction on some of these concepts.  Others will require legislation in 2011.

      Finally, we will be hosting the annual Civics Summit for civics and government teachers on October 7, 2010 at the State Capitol.  I'm looking for a star speaker to bring in a large audience.  Let me know if you have an idea.  (think low price tag)




      Democrat, Elected

      Ox Road South · A Brief Ode to Fatherhood (on Father's Day) RSS Comment Feed Bookmark on del.icio.us

      In today's modern culture, there is a quiet minimization of the role of fathers.

      More and more families have no father, either literally or figuratively (not that there's anything wrong with that!)  In commending these families, there's a potential inference that the role of a father can be replaced.  That it's not necessary or even preferred.

      In a way, today's father-optional society is a representation of a more primal era -- when mothers were physically tethered to children while fathers were free to wander.  In that pre-DNA society, the whole concept of fatherhood was fluid.  Was it the man who conceived the children?  Or the one who defended the household?  Were they even the same person? 

      One of the benefits of civilization was giving fathers a sense of responsibility to stay and care for their children. 

      In modern America, every statistic shows us that families without fathers are more likely to see teenage pregnancies, school drop outs and other social dysfunctions.  Like all statistics, it's hard to see which trend causes the other.  Are fathers a positive influence that can prevent negative outcomes or are they more likely to desert when the bottom falls out?

      I'm not sure.  But I do know this:  fathers matter.  They matter when you're a kid.  And they matter when you're not.

      One of the big surprises about growing up (and growing old) is learning that parents still play a role in your life -- years after you've left the house and started your own family.

      My own father is 70 years old.  I've been around for 42 of those years.  We've done all the normal father-son things:  fishing, sports, discussing history.  And I counted on him to support the family when I was a kid.  He worked long hours so that we could enjoy a good life. 

      But, suprisingly, our relationship has grown stronger since I've had my own children and own career.

      When did I need my Dad the most? 

      Not when I was playful toddler or surly teenager.  Instead, I found that when I faced the fundamental decisions in my life (Should I get married?  Should I change jobs?  Should I run for office?), my Dad was my best advisor. 

      He had a unique knowledge of my strengths and weaknesses.  He also had a unique knowledge of what it means to be a man.

      Now, mothers have a pivotal role also.  (That's a whole 'nother post).  And there are hundreds of people that influence a young man:  maybe your coach, your youth pastor, a favorite teacher. 

      But fathers and sons have a different bond.  It's the bond I hope to have with my son. Because when you're a young man, you need help when you're doing everything for the first time. And there's no better role model than your old man. 

      Anyway, I've been very lucky to have my parents with me at all times in my  life.  I wish that for all children of any age.

      Happy Father's Day Dad!

      Democrat, Elected

      Ox Road South · Weekend Triathalon Completed RSS Comment Feed Bookmark on del.icio.us


      It was a NOVA triathalon today.  I began the morning at Capital Baptist Church off Hummer Road in Annandale.  It was the annual "Losing to Live" 5K, a great program started by the pastor to combine faith and fitness in an annual festival. 

      After some early a.m. aerobics, about 400 runners took on the heat and hills of Annandale.  The course was uphill the whole way (is that possible?) but did run adjacent to the new sound walls for I-495 which allowed me to observe the progress.  I finished.

      After the race, I stopped by the "Job Fair" at NOVA Community College run by our local Korean business community.  There was a press conference on local job creation.  I was the only speaker wearing shorts and running shoes. 

      Then, it was off to Manassas for the NOVA Rugby "Battlefield Sevens" tournament,.  I watched several matches and played for "NOVA Three" in an afternoon game, which we lost to the Washington Irish rugby club.  Man, it was hot. 

      Back home to spend time with the kids, go swimming and have dinner with friends.

      Tonight?

      I'm scheduled to run the 12:30-1 a.m. shift for the annual Race against Brain Cancer  at Madison High School.  A good friend in Vienna has organized a relay to run all night.  I get thirty minutes.  I'll be leaving in a few minutes.  It's a long day.

      Looking forward to Father's Day tomorrow. 

      (Got to JMHS at 12:45 a.m. for the "Relay for Life" for Cancer.  Place was packed with students for the all-night Grad Party.  I walked my 1.5 miles, then passed the baton to my friend Delegate Mark Keam.  My legs were hurting badly from rugby.  I'll just leave it at that.   Thanks to Harley Bernstein for organizing our Relay for Life Squad and handing out Gatorade in the middle of the night to the runners/walkers.  You're a crazy man but a good one.)






      Democrat, Elected

      Ox Road South · A Few Thoughts on the World Cup RSS Comment Feed Bookmark on del.icio.us


      Blow the vuvuzelas!  We're all Cup Crazy. 

      It's great to finally see the Cup televised in its entirety so ordinary fans can watch.  I grew up playing soccer in the National Capital Soccer League which has sent quite a few players to the next level.   My traveling team won the VA State Cup in 1981 and 1984, which remains my athletic high point to date. 

      (Shout out to WT Woodson graduate and Braddock Road Youth Club alumni Clarence Goodson who is center back on the U.S. squad.  His youth team was coached by our own Gene Mishalow of Washington Diplomats fame.  Way to go Mish!)

      In no particular order, here are my thoughts on the tournament thus far:

      1.  The U.S. Can Do Better.  While a 1-1 draw against England (a Top Five program) is a respectable result, the U.S. can and should play better.  They gave away far too many balls in the midfield and lost energy in the second half.  England is talented but they tend to under-perform in big games.   The U.S. on the other hand plays hard and has a lot of good results in the Cup.  (In 2006, they tied Italy -- the only blemish on the Azzuri record).  We need to win the next 2 games and get a #1 seed.  Then we can make a real run.

      2.  Who Needs TV Timeouts.  The best thing about the Cup is that there are no TV breaks.  You play 45 minutes.  Then you play another 45.  The commercials are before the game, during halftime and at the end.  The whole enterprise, including breaks, takes less than two hours.  Imagine if U.S. sports were this way.  We might actually get yard work done. 

      3.  The Field of 32 Works.  Can you imagine if the NCAA ran this show?  We''d have a 64 team field and a "play-in" game.  Everyone would get an invite except Lichtenstein.  By limiting the field to 32, FIFA ensures that the teams are closely balanced and there are few runaways (sorry about that Australia).

      4.  It's a Balance Out There.  Having watched pitiful North Korea gave a real game (2-1) to Brazil, you can see that "on any given Sunday" a team can win (or lose).  Every team in this field has players.  And the nature of the sport is so random that's it's impossible to write anyone off.

      5.  High Stakes = No Goals.  Every game is a pitching duel.  Some of it is the great defenders.  But mostly it's the fact that every team plays not to lose.  It's because the stakes are so high.  The instinct is to stay in the shallow end and not get burned.  Giving up just 1 goal can be the end.   That's one of the few downsides of the tournamnt.  Otherwise, it's all good.

      The Cup continues until July 10th. 


      (update on Friday after US v. Slovenia)

      This game frankly calls everything into question.  The referee's decision to take a U.S. goal off the board in the 86th minute for no articulated reason other than "Scoring While American" calls into question the integrity of the Cup.

      Unfortunately, there is an anti-American bias in many of these international tournaments.  I could give lots of examples from watching the World Cup over the past many years.  

      2002 -- Landon Donovan goal called back against Poland for no reason  (U.S. loses by 1 goal)
      2002 -- In quarterfinal, German hand-ball on goal line not called for penatly kick  (U.S. loses by 1 goal)
      2006 -- Damarcus Beasley goal called back against Italy for no reason  (U.S. ties)
      2006 -- Onyewu called for penalty kick while trying to head ball in his own box (U.S. loses by 1 goal)
      2010 -- U.S. goal disallowed for no reason against Slovenia.  (U.S. ties)

      To the best of my knowledge, the U.S. has never been awarded a penalty kick in six World Cup appearances and has never seen another side have their goal disallowed.  Yet it happens to our side all the time.  

      The irony is that most American fans don't care that much how well our team does.  We enjoy the spectacle.  While I want the Americans to win, I'm perfectly OK with seeing a better squad get a result against them.

      But I'm not OK with a referee performance that detracts from the sport and calls into the question whether results are based on merit, and not another agenda.

      (By the way, the refereeing has been terrible in most games -- not just the U.S.)











      Democrat, Elected

      Ox Road South · Matchmaker, Matchmaker, Make Me a Match RSS Comment Feed Bookmark on del.icio.us


      It's been three months since we adjourned from the 2010 session.  Politically, it may as well be three light years.

      Last year, Virginia and other states were the beneficiaries of significant Federal funding to help us ride out the recession, principally through the extension of Medicaid funding which is a Federally-mandated, state-funded health care program.  All that money comes to us through a "Federal match" which involves state money  usually paired 50/50 with the Federal funds. 

      This March, the Virginia Assembly adjourned assuming that planned "FMAP" (or Federal match) funding would allow us to make up the significant money ($400M) cut from our public health budget.  This includes services to the elderly, disabled and children and reimbursements to providers that serve all these populations.  The FMAP meant we could at least hold reimbursements close to 2009 levels.

      Now, as this story describes , that money hangs in the balance as U.S. Congress is saying no to the extension. 

      Without that cash, the bottom is going drop out pretty quick as providers start to exit Medicaid.  We have been cutting back these reimbursements year after year in order to balance the budget.  How much lower until doctors just say no?








      Democrat, Elected

      Ox Road South · Young Lawyers in the House RSS Comment Feed Bookmark on del.icio.us


      Last night we had the 10th annual "Young Lawyers" event at Icons in Fairfax City.  It was festive crowd.  I'm not good at estimating but I'll say about 150-200 people stopped by to sample the food, have a beer and enjoy a really cool nightclub.  All our mugs were taken!

      We'll get the photos up on FB.

      We're still collecting on pledges but altogether we will raise over $50,000 from YL for my 2011 re-election -- and perhaps closer to $70,000.  So that part is certainly successful.  I really can't thank my donors enough.  Nearly all the money raised was from private donations. 

      Our unexpected special guest of honor was Redskin Lavar Arrington who stopped by briefly after doing his radio show at WJFK.  I'm a big-time Lavar fan and wear his jersey to Redskins games.  He played hard and played well.

      Thanks again to everyone there last night.  If you couldn't make it, we will get you next year.








      Democrat, Elected

      Ox Road South · Stop the Madness (Part 1) RSS Comment Feed Bookmark on del.icio.us


      The front page in the Post today shed light on an issue that no one in elected office wants to talk about -- the scarcity of resources in criminal prosecution and the corresponding effect on the quality of justice in our community.

      According to the Post, over 400 DUI convictions in D.C. in the past year occurred through the use of faulty Breathalyzer equipment.  In many cases, the equipment is old, outdated and subject to recall.  The defects impacted about 40% of the convictions during that time and nearly half the defendants have already done jail time. 

      Now many of these cases will need to be retried or the convictions dropped.  Other convictions may stay on the record simply because the convicted can no longer be located.

      That's hardly justice. 

      There's larger aspect to this story on which I have a strong opinion.  Who is getting prosecuted these days for crimes in Virginia?  And who is not getting prosecuted?

      One of the most frustrating aspects of my profession over the past 2 years has been representing local residents who have been defrauded, obtaining a civil jury verdict proving the fraud, and then watched the defendant walk away unprosecuted and unrepetentant -- while the winning party is left to chase the civil judgment through a slow and ineffective "collection" system. 

      Let me give you some examples of cases:

      CFO of mid-size Fairfax County business takes $350,000 through an illegal check-writing scheme.  The company obtains a civil verdict for fraud in spring 2009.  No prosecution.  So far, no collection. 

      Fly-by-night "investment advisor" diverts $400,000 into his own checking account and uses it for gambling and other private ventures.  The investors, an elderly couple, obtain a civil verdict for fraud in spring 2009.  No prosecution.  So far, no collection.

      Escrow holder takes $50K for closing of real estate property and disappears.  Judgment obtained by buyer who lost the funds in fall 2009.  No prosecution.  So far, no collection. 

      Woman operates massive Ponzi scheme involving the pay-off of various mortgages.  Multiple judgments obtained for fraud.  FBI has finally seized her house after years of investigation.  No indictment yet.  So far, no collection. 

      I could go on and on, but I'll stop there.  And these are just my own plaintiff clients.

      Why is this relevant to a story on DUI?  Because increasingly -- from my limited perspective -- our resources are wrapped into prosecuting crimes which carry mandatory sentences, oft-times promoted by single issue groups (this same argument supports my long-time objection to charging $200 property crimes as "felonies").  The flip side is we have no resources to prosecute crimes of a more serious nature.

      This session, the Senate Courts of Justice Committee was criticized for defeating a bill that would require an "ignition interlock" for everyone convicted of DUI.  Leaving aside the faulty nature of breath tests, this bill would merely cause more defendants to fight the charge and lead to skyrocketing costs in prosecution.  It is a solution in search of a crisis. 

      We ALREADY have strong penalties for this MISDEMEANOR offense.  The "piling on" may be politically popular but it's financially and intellectually unsustainable.  It also diverts resources from larger crimes being committed by actual criminals -- as opposed to ordinary people who make a serious mistake which they can (and should) learn from.

      You won't find a harder working group than the prosecutors of Fairfax County.  They are reacting to signals from the General Assembly in enacting certain laws. But the signals are wrong.   And too many real criminals are scoffing at us.







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      Democrat, Elected

      Ox Road South · My Witness of Greatness RSS Comment Feed Bookmark on del.icio.us


      Last night, I was door-knocking in a neighborhood off Gallows Road in Fairfax County.  As I was approaching one house, I noticed that the owner was a baseball fan by the stickers on his car.

      Knocking on the door, I apologized to the owner for interrupting him during Stephen Strasberg's opening night.  He told me that Strasberg was on the mound right then and invited me in to watch.  I said sure -- I'll watch a couple pitches.

      First pitch.  High fastball.  Swing and a miss.

      Second pitch.  Brutal curveball.  Called strike on the inside half.

      Third pitch.  Fastball up and in. Swing and a miss.

      The whole sequence took about a minute.  That was the end of the inning and I was on my way.

      I got home in time to see Strasberg mow down the few batters.  Honestly, it's the first time I've watched a Nats' game on TV in years (maybe ever).   You rarely get a chance to see history being made.

      Last night was one of those times. 


      Democrat, Elected

      Ox Road South · A Brief History of the 11th CD RSS Comment Feed Bookmark on del.icio.us


      It's a beautiful morning in Fairfax.  The polls will be open from 6 a.m. to 7 p.m. in the 11th Congressional District Republican primary.  There's been a lot of attention to this race.  I expect about 25,000 votes will be cast.

      The 11th CD was created in the 1991 redistricting by Richmond Democrats to be a "Democratic" seat.  The 11th was a new seat, added to the existing ten Congressional seats from the 1980's.  Previously, Fairfax County had been split between the 10th and 8th CD's, but increasing population in the Eighties demanded more representation.  

      At its outset, the 11th CD had heavily Democratic precincts in Reston, as well as inside-the-Beltway precincts in Annandale and Falls Church.  Despite that initial lean, Tom Davis won it during the 1994 Republican wave and held it through 2008.

      In 2001, the 11th CD was redone by Republicans.  Reston was dropped. Instead the district moved further west into Prince William County (this trend may well continue in 2011 due to population shifts outward).

      Despite the boundary shift, the population was changing and the politcal winds were shifting.  The district, after voting for Bush in 2000 and 2004, swung heavily to Obama in 2008 who won with nearly 60% of the vote.  At the same time, the voters elected Democrat Gerry Connolly as the new Congressman.  At the time, the 11th CD was looking pretty strong for Democrats who controlled about 75% of the state and local offices within it. 

      Now it's back in play.  In 2009, McDonnell captured 55% in the 11th CD on his way to an easy statewide victory.  Today's race and the general election in November will likely show that Fairfax and Prince William are still highly-competitive voting areas (don't think I don't notice these things).






      Democrat, Elected

      Ox Road South · It's Hot as @#$! Out Here RSS Comment Feed Bookmark on del.icio.us


      Today was the first really hot day of the year.  Began my day at 7:30 a.m. at the "Fit Families" Running Festival in Fairfax City.  It featured a 1-mile kids run followed by a 5K through Daniels Run park.  The day was hot and the course was brutally hilly, especially where you left the park to run through Old Lee Hills and Little River Hills -- emphasis on HILLS. 

      I finished 12th, which sounds more impressive than my time.

      At 11 a.m., I rode in the Mantua Parade which cuts through the heart of Mantua before ending up at the community Pool. There were hundreds of people there for the picnic.  Some of them were later identified as NOT being candidates for Congress. 

      Seriously, the volunteers for Fimian and Herrity were there in force, as well as both candidates.  So was Congressman Connolly.  More importantly, the Tooth Fairy was there promoting dental hygiene -- and she is beautiful.  I accepted a free toothbrush and had my picture taken.   Will try to get it on my Facebook page.

      Taking my son to his soccer game at 2 p.m.  Afterwards, I will be door-knocking in Kilmer precinct.  Will bring lots of water.




      Democrat, Elected

      Ox Road South · First Week of June Wrap Up RSS Comment Feed Bookmark on del.icio.us

      With the non-stop work schedule, I keep falling behind in my blogging.   Life in the working world.

      A few things worth commenting upon:

      1.  The U.S. Congress declined to pass the "second stimulus" bill which it's debated for the past several months.  That rdecision represents a sudden onset of fiscal discipline on Capitol Hill.  For Virginia, it's more problemtic.  The "FMAP" or Federal Medicaid matching funds from the stimulus bill were being counted on in the 2011-2012 budget to make up some major losses in provider reimbursements to doctors and nursing homes.  Now that money is gone and there's no source to make it up.

      2.  The McDonnell administration has abandoned the application for "Race to the Top" Federal school funding.  Basically, the applications requires -- among other things -- that the applying state adopt national standards in standardized testing.  Of course, in Virginia, we have the SOL's which have now been with us for ten years.  There is no need (and no plan) to change those standards. 

      3.  The geologic and political after-shocks of the BP Oil Spill continue to spread.  There will be no off-shore drilling in Virginia in the foreseeable future.  Next topic.

      4.  A number of Republican primaries set to occur next Tuesday.  I expect low turnouts and no upsets.  The real action will be in the fall.




      Democrat, Elected

      Ox Road South · Seven Days til Young Lawyers Event RSS Comment Feed Bookmark on del.icio.us


      Lots going on these days.  I have some thoughts about the loss of Medicaid funding and Virginia's decision to not pursue "Race to the Top" funding from the Federal government.

      Yesterday morning I participated in a "Repower America" breakfast at Icons Bar and Grill, which is where we will have the Young Lawyers event next Thursday.  

      Young Lawyers is open to everyone.  You don't need to be a lawyer or young.  Or a Democrat.  Or a big donor.  Although there's nothing wrong with those things!

      It's a chance for me to bring people together and celebrate (and raise funds for my re-election).  Doors open at 7 pm.  The first 100 folks there get a free "Chap Petersen is my advocate" coffee mug.

      Democrat, Elected

      Ox Road South · Mem Day Weekend Closes Down RSS Comment Feed Bookmark on del.icio.us


      Memorial Day weekend is a workout (in a good way).  With the narrow exception of July 4th, this weekend has more significant events than any other.   I did take Saturday off for some family time.   Otherwise, here's the narrative schedule:

      Sunday, 630 a.m.  Out the door and over to "Captain Pell's" in Fairfax City for the annual "Ride of the Patriots" pre-rally Parade.  The Parade runs along Route 50 and passes the long line of bikers heading to the Pentagon for "Rolling Thunder."   Thanks to the Fairfax High School Marching Band and Emerald Society (Fairfax County Firefighters) for the early morning music. 

      Sunday, 830 a.m.  Post-parade, there are patriotic speeches at Patriot Harley Davidson at Fairfax Circle.  Thousands of bikers are here from all points on the compass (lots of Texans for some reason).  A lot of constituents are also here.  The message of the weekend is to Remember the Fallen, Celebrate our Freedom.  At 900 am, the bikes roar off down the highway.  For the first time in years, I don't ride along.  Next year.

      Sunday, 1-5 pm.  It's Viva Vienna!  The street festival sponsored by Vienna Rotary lasts all day on Sunday-Monday, attracting nearly 50,000 visitors.  I'm posted at my booth with Delegate Mark Keam under a blazing sun.  I pace myself -- one bottle of water an hour.   Around 5 pm, I peel off and join my wife and kids at Villa Pool for a dive in.

      Monday, 9 a.m.  Legion Post 177 and VFW Post in Fairfax jointly hold their Memorial Day celebration on the courthouse lawn.  There are several dozen veterans present along with a Boy Scout troop and most local officials.  Together we read the names of the 350 Fairfax County citizens who have died in our nations' wars. While I don't know the deceased, I know the names of many old Fairfax families.  It's very powerful. 

      Monday, 10:30 a.m.  Legion Post 180 in Vienna hosts its own Memorial Day celebration at the Flint Hill cemetery just outside Vienna.  The Town Band does a great job of playing in the intense heat.  Afterwards, there is a lunch at the Legion Post.

      Monday, noon-5 pm.  It's back to the booth on Church Avenue, a.k.a. "Death Valley."  Monday is actually hotter than Sunday.  Plus ninety degrees all day and there's no shade.  I keep drinking water.  My wife stops by to put lotion on my face and neck.  Despite the heat, there are still thousands of folks there.  At 3 pm, Delegate Keam and I walk to the Town Green for a celebration sponsored by the Rotary.  By the team the ceremony ends, some of the vendors are finally starting to pack up.  At long last, the weekend is over. 

      Thanks to my Chief of Staff Kathy Neilson who managed to survive two full days in our Viva Vienna booth -- and her husband Bruce that helped put it up and take it down.

      Thanks also to all the groups (Patriot Harley, Post 177, VFW, Post 180 and Rotary) which keep alive and celebrate the true meaning of Memorial Day weekend.  We'll be back next year. 



      Democrat, Elected

      Ox Road South · Rappahannock Days RSS Comment Feed Bookmark on del.icio.us


      Today we headed south down Rte 17 ( the "Historyland Highway") to our family farm in rural Middlesex County, where my mother's family gathered for our annual reunion.  Our farm is located on a 500-acre parcel on the Rappahannock River, about 3 miles from the bridge connecting Middlesex with the Northern Neck. 

      My great-grandfather hailed from the Town of Saluda (the County seat), before moving to the Town of Fairfax in the 1920's and marrying into the Moore family.  Ever since, we have kept close ties with Middlesex.  Two of my mother's cousins have residences about a mile from the farm.

      To add some urban sophistication, my first cousin (a writer in Brooklyn NY) arrived with his wife and another cousin (a video game designer) flew in from LA.  Add in the usual northern Virginia contingent and it's a legitimate reunion.

      The weather was perfect.  Mid-80's and sunny.  The water was clear and warm.  Perfect for swimming, kayaking or doing nothing.  The kids spent all day in the River.

      On the way back, we stopped at "The Virginia Raceway" just outside Saluda to watch a couple heats of the "Budweiser modified" stock car series.  The Raceway is a dirt oval right off Rte 17 which features short track races in the minor league racing circuit. 

      It's a long way from NASCAR but the racers are there chasing the dream.  Even better, the stands are right on top of the action and you can walk right in.  It's loud as @#$!   The kids loved it.  

      The dirt track cars are sponsored by local businesses, which paint their logos on the side just like NASCAR.  Some sponsors were the usual suspects -- auto body shops or homebuilders.  My favorite was the #6 car sponsored by "Unicorn Books."

      There's something cool about an independent book store which sponsors a racecar.  Only in Virginia.










      Although

      Democrat, Elected

      Ox Road South · Six Year Plan Hearing at City Hall RSS Comment Feed Bookmark on del.icio.us


      Running with the bulls in Pamplona.  Skiing down a cliff face in the Rockies.

      Sitting through a "Six Year Plan" hearing at Fairfax City Hall.

      Not the same.  However, a public hearing is a window into the arcane methodology of distributing VDOT funds, which essentially involves the Commonweath Transportation Board (or "CTB") selecting projects for the SYP and then proceeding forward once critical funds are amassed. 

      Tonight, the CTB, headed by Secretary of Transportation Sean Connaughton, presided over the hearing.  Various local officials made their presentations.  Most concentrated on completing existing project and trying (some way) to restore funds for local construction.  Right now, for example, there is basically nothing allocated for secondary road funding, which is how localities make ordinary improvements such as repaving or adding sidewalks.

      With the drastic reductions in new construction, there is not a lot to talk about.  Here are some of the primary projects being funded (or to be funded) in the 34th Senate District over the next 2-3 years, assuming that funds are available. 

      $106M (existing) for constructing a new flyover at 66/495
      $16M (existing and new) for improving access to Vienna Metro station
      $1.5B (existing and new) for sound walls around 495
      $120M (existing and new) for improvements to Gallows Road and Rte 29

      These are major projects which directly impact the prosperity of Fairfax County.  Each one requires years to gather the funds, begin engineering and then complete construction.  It will take years.  And it will never happen unless we have funds for new construction. 




      Democrat, Elected

      Ox Road South · A Random Walk Down Wall Street RSS Comment Feed Bookmark on del.icio.us


      It's a few days after U.S. Congress passed a major overhaul of the financial sector, specifically Wall Street investment banks.

      It's a very complicated bill and I'll refrain from dumbing it down too much.  There is one particular item worth commenting upon -- if only because I have represented clients on this very issue.

      Several years ago, the financial sector came up with the idea of "derivative trading," which is the Seinfeld of financial transactions -- a trade in which nothing actually happens. 

      A derivative trade does not create an interest in land.  Nor ownership in a private company.  Nor even the purchase of debt.  Rather, it is a highly-leveraged bet on the market itself.  

      Included in derivatives was the buying and selling of "swaps."  Under this pseudo-transaction, an investment bank would enter an agreement with its own customer to "exchange streams of income" from derivative trades based upon the prime rate or LIBOR.  Often the "swap" occurred in tandem with a large loan so that the bank could off-set its risk on a fixed interest rate by entering a "swap" with the borrower for the same amount of money.

      Again, no funds change hands.  No property is exchanged.  No actual transaction takes place. 

      So why do it?  I've deposed bank executives who tell me the benefits of these transactions, many of which are foisted on high wealth borrowers who are simply trying to get a loan.  Sure. 

      In reality, the only purpose was to create an additional "transaction" on a high-value loan with a large commission built in for the bank.  And these commissions were incredibly profitable, especially when times were good and everyone was taking out $$ from their properties.

      So why should we care for these naive borrowers who enter derivative trades and ignorantly fork over enormous commissions?  To quote Gordon Gekko:  "A fool and his money were lucky to get together in the first place."

      That's true.  But if a bank is FDIC-insured, that changes the equation.  Because if the fake transactions actually lead to losses for the Bank (i.e. the borrower can't cover his swap losses or can't repay the loan) and the losses cause the Bank to become insolvent, the U.S. taxpayer is now on the line.  But that same taxpayer gets no benefit when the trades create the profit. 

      Heads I win.  Tails you lose.

      Derivate trading and "swap" trading have been unregulated for years.  Even when done by FDIC-insured banks.  That is ridiculous.  And it needs to stop. 

      If a Bank wants to make fake trades with its customers, go ahead.  But cut loose from the FDIC and set yourself up as a private shop bearing 100% of your own risk.  And make yourself subject to consumer protection laws which prohibit false advertising (right now banks are exempt from the VA Consumer Protection Act).

      You want to be the man of Wall Street.  Then walk like a man.  Away from the U.S. taxpayer.








      Democrat, Elected

      Ox Road South · Sweet Victory RSS Comment Feed Bookmark on del.icio.us


      Spent most this week in Court.  Last night, we got the jury verdict.  But first a quick word about the case ...

      Howard Shmuckler was a purported attorney who owned an outfit in Tysons Corner called "The Shmuckler Group, LLC" which allegedly specialized in helping clients modify loans and avoid foreclosure.  In 2008-2009, the height of the foreclosure crisis, the group ("TSG Saves Homes") were doing over $2M in business from desperate clients looking for help. 

      Our client signed a contract with Shmuckler and TSG to help modify her loan which was an adjustable rate mortgage (or "ARM").  In return she was told to cut off contact with her creditors and stop paying the mortgage, even though she was current.  Believing that Shmuckler was an attorney, she followed this advice.  Of course, the loan went into default and her house was eventually foreclosed.

      After foreclosure, the house was purchased by another entity controlled by Shmuckler, who promised he would help her.  He then "rented" it to our client with the promise that she could "lease to purchase" and thereby preserve her ownership rights.  But after collecting several of her checks, he then transferred the property to another Trust he controlled and listed it for sale.  Once he had a purchaser, he moved to evict her.  She eventually lost the house and suffered major damage to her credit.  Meanwhile, he got the house in "the free and clear." 

      The trial showed that these tactics were the pattern and practice of TSG and Shmuckler.  

      After four days of testimoney and four hours of deliberation, the Fairfax County jury returned with a verdict against Shmuckler and his various entities of $668,600, which included $350,000 in punitive damages. 

      Congrats to my associate Kristi Cahoon who brought this case to our office from Legal Services of Northern Virginia and did a great job of seeing it to a successful conclusion.








      Democrat, Elected

      Ox Road South · Primary Night in the USA RSS Comment Feed Bookmark on del.icio.us


      Rand Paul just won the Repub nomination for U.S. Senate in KY.  And remember when no one took his Dad seriously in 2008?  In retrospect, it's amazing that Ron P. was not able to do better at the polls.

      In PA, they say too close too call.  To me, looks like Sestak.  From the early returns, he is winning in every county except Philadelphia (where Specter got started as a DA).  You can't lose the whole state and win. 

      No word on AR.  Lincoln probably headed to run-off. 


      Democrat, Elected

      Ox Road South · In Trial Today RSS Comment Feed Bookmark on del.icio.us


      Will be in trial today on a case involving financial fraud and mortgage lending.  This case highlights some larger lending issues, which I'd like to post about when I have more time (June?)

      Sorry for the pathetic on-line efforts recently.  I did get a chance to finally start door-knocking this past weekend.  Felt great to be outdoors and walking again.   Also have had several appearances in the Vienna area the past 2 weeks, including speeches to Rotary, NARFE, Optimists and Chamber of Commerce. 

      If you haven't already, please RSVP for our "Young Lawyers" event on June 10.  Info is at www.fairfaxsenator.com


      Democrat, Elected

      Ox Road South · The NHL Season is Officially Meaningless RSS Comment Feed Bookmark on del.icio.us


      I watched the last part of the Boston-Philly game last night.  With Boston eliminated, the two lowest seeds in the East -- Philly and Montreal -- will play to reach the Stanley Cup final.

      Both have played great so no knock on them.  But doesn't this render the 82-game season a little ridiculous?  There's no advantage to doing well (as the Caps found out).  Nobody meaningful is eliminated from the Cup and there is no home advantage.


      Democrat, Elected

      Ox Road South · Ivy League Justice RSS Comment Feed Bookmark on del.icio.us


      This week President Obama nominated Elena Kagan for the U.S. Supreme Court Justice seat to be vacated by retiring Justice John Paul Stevens.

      Ms. Kagan, the U.S. Solicitor General, is eminently qualified on paper to serve on the Highest Court in the land.  She has a perfect pedigree, having clerked for Justice Marshall and served as the Dean of Harvard Law School. 

      Her career has been primarily academic.  She worked briefly at a major D.C. law firm, but didn't actually try a case there.  She has been the U.S. Solicitor General for the past year. 

      The most remarkable part of Ms. Kagan's candidacy is that, upon her confirmation, all the Justice will be graduates of either Harvard or Yale Law Schools.  None of the Justices will be from a state school or a religious school. 

      Nor will any be from the Midwest or South.  Instead, they will be largely concentrated from the Northeast (the last three Democratic picks -- Ginsburg, Sotomayor and Kagan -- are all from NYC). 

      At the risk of stating the obvious, this geographic limitation is at variance with the trend of our American population which has been moving west and south for the past fifty years. 

      More pertinently, living in Cambridge, Massachusetts is but one, highly selective, version of "the real world."  And what passes for acceptable conduct there (banning the military from on-campus recruiting) is a lot different than what passes in Ames, Iowa or Akron, Ohio.

      Considering that the Supreme Court decides what rights we enjoy, these are not minor points.      

      Actually, my biggest complaint is not the geographic imbalance in the Supreme Court.  There's precedent for that.  It's also not with the lack of religious diversity (note that Evangelicals and Protestants, the largest religious groupings in America, will have no representation).  There's precedent for that also.

      My complaint is that everyone there is either a law professor or appellate atttorney or judge.  No one on the Court seems to have any experience in actually practicing law.  How many have sat through traffic court?  How many have argued a closing to a jury?  How many have picked up a client from jail?

      Trying cases does not make you smart or even wealthy.  But it makes you a much more perceptive lawyer -- because you actually understand what a "custodial interrogation" or "Batson challenge" means.  You've put together cases from the first day the client sat in your office.  And then seen it through to the day of trial. 

      By contrast, an appellate specialist is the legal equivalent of a field goal kicker.  They may score points.  But they don't really play the game.  And, yes, they're pretty much expendable.

      I don't expect that the Supreme Court should be packed with trial attorneys.  Perish the thought.  But it would be nice to see some balance achieved within the legal profession.  The current selection process with its endless recycling of the same law schools and same clerkships is becoming stale. 

      Trust me, with a little "diversity," you'd have a much better Court. 















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      Democrat, Elected

      Ox Road South · Subpoena Tests Academic Freedom RSS Comment Feed Bookmark on del.icio.us


      With apologies to many great people (including my Dad) who are professors, politics on our college campuses has never recovered from the end of the Cold War.

      In my era, it was still hotly debated whether America was the leader of the Free World or an outdated imperialist power.  Or both.  In 1986, I was called "naive" by my professor in front of Poly Sci 101 after asking him why -- if Cuba was such a "worker's paradise" -- all the workers were trying to escape to Florida? 

      Those were the good old days.

      When the Berlin Wall came down, the raison d'etre for years of campus debate ended.  Marxism was not liberating.  Nor successful.  Nor even relevant.

      In its place, campus politics came to be dominated by causes which rarely strayed from the predictable envelope of political correctness.  As a result, it has been years since a college professor or his research actually caused a legitimate controversy.

      That may all change thanks to Virginia's AG.

      Several days ago, our Attorney General served a subpoena on the University of Virginia seeking all materials, including emails, from professor Michael Mann relative to a state grant he received for researching climate change.  The gist of the action appears to be a claim that professor Mann "defrauded" the Virginia taxpayer, dating back to 1999, by claiming that there's climate change -- when he knows that's not the case. 

      One of the benefits of private practice is that you don't file a legal action unless someone is willing to pay for it.  That is a free market check on a lot of otherwise useless exercises -- such as this one. 

      However, the precedent of the AG's action is much more insidious than just the waste of taxpayer dollars (again) on a case that would never see the light of day in ordinary commerce.

      Think of the potential for future subpoenas ...

      Do you believe in the Resurrection of Jesus Christ?  We don't and we're going to subpoena your files for "fraud."

      Do you believe that there is life on other planets?  We don't and we're going to subpoena your files for "fraud."

      Do you believe that the Kennedy assassination was a conspiracy?  We don't and we're going to subpoena your files for "fraud."

      It is truism that taxpayer dollars support public research.  That research should be held accountable to academic standards.  In the light of day, the merits of the findings can be debated or derided. 

      But to have the Attorney General's office operate as a selective inquisition into academic research is a gross abuse of that office and the whole concept of taxpayer fraud.  It turns the AG's office into the "decider" of academic questions that have nothing to do with his office.  It makes a mockery of the idea that professors can do research and take positions without fear of legal sanction. 

      Our public universities should be places of academic freedom and intellectual diversity (both liberal and conservative). 

      Now that's a cause that's actually worth a rally.






















      Democrat, Elected

      Ox Road South · President Suspends Off-Shore Leases at Sale 220 RSS Comment Feed Bookmark on del.icio.us


      Here's the article today from NYT .

      Didn't take long for the White House to reverse course on Sale 220 and you can't blame them.  This whole industry is in need of a serious review after the BP Gulf Coast debacle.

      Well, there goes the "royalties" that were going to support our economy in the 21st century. 

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