Government branches must hold each other accountable, not circumvent each other


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FBI AND JUDICIAL SECRETS UNEARTHED – WHAT NOW?

TOM LAMPRECHT:  Harry, last week, a report was released by The New York Times which revealed that, under the FBI director James Comey’s leadership, they used a secret program that does not require the approval of a judge to gather phone records and other documents on Donald Trump’s presidential campaign.

The FBI ordered phone records and other documents using national security letters, a secret type of subpoena, officials said, and at least one government informant met several times with Mr. Page — Carter Page — and Mr. Papadopoulos.

That has become a politically contentious point with Mr. Trump’s allies who are questioning whether the FBI was spying on the Trump campaign and trying to entrap campaign officials.

The national security letters are controversial, in part, because they carry the force of the law but are created entirely outside of the judicial system. To issue one, an FBI official needs to attest that the information sought is relevant to a national security investigation. The letters have also been criticized because they are shrouded in secrecy.

Harry, we have three distinct branches of government — judicial, congressional and executive. Is this a breaching of those three separate branches of government?

DR. REEDER: Not so much breach, I would say, as to circumvent. Tom, when I was in the ninth grade, I have to confess I was not all that interested as I should have been in my studies, but there was one little bright star in all of this and that was Robert Woodburn — I still remember him today — who was my Civics teacher in the ninth grade. I just got drawn into it.

FOUNDING FATHERS’ “AMERICAN EXPERIMENT” 

I was amazed at our founding fathers who had just made it very clear that they were carrying out this American experiment by, first, we’re not going to have a monarchy where one man rules and, therefore, his tyranny in the accumulation of power, and we’re not going to have an oligarchy were the elite rule in their accumulation of power and money and wealth and we’re not going to have a democracy where a mob can rule. What we’re going to have is a republic where it is a people who are agreed that, in their local government, their state government and their federal government, we will be ruled by law and, therefore, it is the law that is king.

And then, to carry out that law or to make that law or to amend that law, there would be three branches of government. There would be the executive branch of government, which executes the law as it exists; there would be the judicial branches of government that would govern and would make rulings based upon the law and rulings concerning the lawfulness of any other proposed law in terms of the existing law; and then, finally, there would be the legislative which upholds the law, makes amendments to the law or bring forth any new law. And all of these would be accountable to their vows to the Constitution of the United States.

The executive branch of government would be elected, the legislative branch of government would be elected and then the executive and the legislative would bring forth the nominees for those who would be judges and, in some states, those judge positions where also elected — others, they would be appointed by those who had been elected in the executive and legislative branch.

Now, having put all that together in those brief moments, you have to realize that was to be implemented, to some degree, on all three levels: the local level where you would have mayors and you would have councils and you would have local judges; and then you would have it on a state level where you’d have a governor and state legislatures and state judges as well as state supreme courts; and then you would have it on the national level. Tom, part of the genius, also, was that these were not hierarchical but interdependent and accountable to each other.

Tom, there are two things that we see breached in this article that you’ve pointed out and first is how the executive branch, or runaway branches of the executive branch, attempt to circumvent the role of the judicial and then how the legislative abandons their responsibility to hold all of them accountable.

CONGRESSIONAL HEARINGS ARE IMPORTANT, BUT ARE BEING ABUSED

Today, when we hear that the Congress is going to have a congressional hearing, what we basically think about is a sideshow in which various congressmen will use the opportunity to declare their talking points and lay out their next campaign and be able to make a name for themselves in what they question and how they question.

In reality, it was not there for a platform to promote our congressional members, but it was there for them to exercise oversight. They might have to have congressional hearings concerning the judicial branch or they might have to have congressional hearings concerning local and state governments on movements in the nation that need to be investigated in terms of any legislative impact. And there were congressional hearings for the executive branch, as well.

DO SPECIAL COUNSELS HELP OR HURT?

These are not moments for a showtime; these are moments to really hold people accountable: are you acting within your constitutional boundaries? I think you have said it before, most insightfully, these special prosecutors, I believe as you do, is not a good thing to do for various reasons.

Once you cut these special counsels loose and their investigative teams, with the powers of subpoena, the things that they have, they’re going to find something to validate what they’re doing and they can always argue, “I need to go down this trail because this may help me find what is happening over here that I was actually commissioned to do and investigate, but I need to investigate this because it may open up doors over here.”

Well, now they’re uncovering other things in the lives of people and in the past of people and they’re making it public and that becomes a political football to toss around. The special prosecutor is simply a statement of the cowardice or the ineptness of Congress to do their job in congressional hearings.

LET’S HOLD THESE EGREGIOUS BRANCH ACTIONS ACCOUNTABLE

Now, if there’s ever any place for clarity — moral clarity and legal clarity — it’s in the investigations that have and are and need to take place from Congress concerning how the FBI has been conducting itself and they also need to investigate how the IRS has been conducting itself.

Both have engaged in behavior that is punitive, oppressive and beyond the scope of their responsibilities but you need a Congress that will do its job, and then you need a judicial branch that will do its job and the executive branch needs to be accountable to the legislative body. And, once again, these congressional hearings have been the mechanism whereby that was supposed to be accomplished.

TOMORROW: REX TILLERSON GIVES WISE COMMENCEMENT ADVICE

TOM LAMPRECHT: Harry, on tomorrow’s edition of Today in Perspective, I want to take you to a little town in Virginia — Lexington, Virginia — where a lot of American history has taken place. Former Secretary of State, Rex Tillerson, was asked to talk to the graduates of VMI last week.

DR. REEDER: He made a comment that I think is extremely important to understand and, I believe, affirm what he said. Tom, can I also just finish up today’s program by mentioning this: the accountability that’s built into our government is an accountability we all need.

NOT JUST GOVERNMENT THAT NEEDS ACCOUNTABILITY 

There are three guys I’ve been with now for 34 years in an accountability relationship. I’ve got accountability to my wife, I’ve got accountability to my family, I’ve got accountability to those whom I work with and my elders and I believe this is very important, as you and I attempt to grow in the grace and knowledge of Christ.

Accountability in life as well as accountability in government, that is a great principle but, most of all, I need to know that I am accountable to the Lord. My dear friends, I want you to know — and the other day they came out with a statement — that, once you put something in the digital world, it never goes away. You can find it and you can be held accountable.

Here’s what the Lord has said: “We give an account for every word and every action. How can I stand before a holy God Who will, by no means, leave the guilty unpunished and I’m accountable and will stand before Him because it is appointed unto men once to die and then the judgment?”

Well, let me tell you the way — the way is to come to Jesus Christ, Who will remove all of the guilt and shame by having taken our judgement for us at the cross and can set you on a new life where you come before the Lord, not as a criminal at the judgment seat, but as a son and a daughter able to affirm the stewardship of new life in Jesus Christ. Come to the One who sits at the judgment seat. He’s already come and He went to the cross for you.

Dr. Harry L. Reeder III is the Senior Pastor of Briarwood Presbyterian Church in Birmingham.

This podcast was transcribed by Jessica Havin, editorial assistant for Yellowhammer News, who has transcribed some of the top podcasts in the country and whose work has been featured in a New York Times Bestseller.

12 hours ago

A victory in court for school choice

The U.S. Supreme Court recently delivered a “big win” for school choice and religious freedom. School choice enables competition, which economists find generally improves the quality of goods and services. I believe that this result will apply to education, and specifically public schools.

Espinoza v. Montana Department of Revenue involved 2015 legislation allowing tax-deductible contributions for scholarships to private, non-profit schools. The Montana Supreme Court struck down the act in 2018 as an unconstitutional use of public funds for religious purposes, including any school or college controlled by a church. Montana’s constitutional provision is a “Blaine Amendment” dating to the 19th century to prohibit state aid to parochial schools; 37 states, including Alabama, have Blaine Amendments.

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The constitutional issues involved were the First Amendment’s separation of church and state and religious discrimination in government policy. Chief Justice John Roberts’ majority opinion found the Blaine Amendment discriminatory: “A State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious.”

The Montana Supreme Court struck down the entire school choice program based on the Blaine Amendment. Although Montana’s legislature could have enacted a scholarship program applying to only non-church private schools, this would have significantly restricted parents’ choice. According to the Institute for Justice, which litigated Espinoza, Blaine Amendments are often used to block school choice. Only a narrow interpretation of Alabama’s provision allowed the Alabama Accountability Act to withstand challenge.

Separation of church and state is wise constitutional doctrine. Still, I do not see the scholarships as violating separation of church and state. The public “dollars” involved are taxes foregone. Church-affiliated schools often operate at a loss, so tuition scholarships will not yield profits to support other activities and presumably provide enough education to qualify as schools.

George Mason law professor Ilya Somin offers an illustrative comparison. No one worries that tax exemptions for religious charities or police and fire protection for churches constitute state support for religion. Tax deductions for scholarships do not establish a state religion.

Church-affiliated schools provide a variety of education consistent with their doctrine and moral teachings. The goal of school reform should be, as economist John Merrifield emphasizes, a diverse menu of options to suit students’ varied learning styles and parents’ values. Church-affiliated schools accomplish this.

School choice policies will make Americans more equal. Affluent Americans, who can afford private school tuition, have long enjoyed school choice.

American higher education features school choice. Alabamians can attend any of the state’s 14 four-year universities or more than 30 two-year colleges at in-state tuition rates. These institutions offer diverse educational options. Two-year colleges offer vocational programs and inexpensive core classes. Four-year universities include one modeled after a liberal arts school, large and small campuses, and numerous online degrees. Federal student aid and loans help make private colleges affordable.

By contrast, K-12 public schools require students to attend their assigned school. After paying taxes to support government schools, many families cannot afford private school tuition. The economic case for public education stresses ensuring all students can afford schooling, which school choice accomplishes.

Choices unleash quality-enhancing competition. Some of America’s best public schools are in affluent suburbs where districts must compete for students because parents can afford private schools. It is tempting to attribute suburban districts’ quality spending, but statistics show otherwise. In 2018, Baltimore city schools spent $250 less per pupil than Montgomery County (Maryland) and $1,000 more than Fairfax County (Virginia) in suburban Washington, two of America’s most affluent counties.

In time school choice will force beneficial changes in public school curriculum. Currently, the curriculum is a political football which both parties seek to control. Teachers educate children in classrooms; politicians in Montgomery or Washington shape learning only through bureaucratic controls forcing a curriculum on local schools. School choice will empower parents to find schools that help their children learn. To successfully compete for students, control will need to be devolved to schools and teachers, which I see as a very good thing.

Daniel Sutter is the Charles G. Koch Professor of Economics with the Manuel H. Johnson Center for Political Economy at Troy University and host of Econversations on TrojanVision. The opinions expressed in this column are the author’s and do not necessarily reflect the views of Troy University.

14 hours ago

VIDEO: More municipalities opt for mandatory masks, schools head towards in-class instruction, Sessions/Tuberville race nears the end and more on Alabama Politics This Week …

Radio talk show host Dale Jackson and Alabama Democratic Executive Committee member Lisa Handback take you through this week’s biggest political stories, including:

— Will Governor Kay Ivey consider a statewide mask ordinance as more municipalities adopt ordinances and pressure continues to mount?

— Are parents going to feel safe sending their kids to school in the Fall?

— Who will win the Republican runoff between former U.S. Attorney General Jeff Sessions (R-AL) and former Auburn coach Tommy Tuberville?

Jackson and Handback are joined by former U.S. Attorney General Jeff Sessions to discuss the runoff election for the Republican nomination for the U.S. Senate seat currently held by U.S. Senator Doug Jones (D-AL).

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Jackson closes the show with a “parting shot” at people who think the government can’t put in more restrictions when they have shown they can, and probably will, do more if the coronavirus pandemic doesn’t get under control.

Dale Jackson is a contributing writer to Yellowhammer News and hosts a talk show from 7-11 AM weekdays on WVNN.

15 hours ago

Alabama sisters continue their family’s farming legacy

Sisters Allie Corcoran and Cassie Young loved growing up on a farm in Eufaula, but once they left home and earned their degrees at Auburn University, they realized their hearts were still at the family farm.

“I always knew I wanted to come home and be part of the farm, but I didn’t know where I would fit in,” Young said. “The only things I have ever felt close to, or had a desire to be a part of, were farming and working with people. At Auburn, I considered a career in family and adolescent counseling, but I knew it would be difficult to find work in this field near home and I was unwilling to move.”

When the sisters were growing up, their family raised crops such as cotton, peanuts, soybeans, corn, grain sorghum and wheat, along with cattle. The family managed a peach orchard.

Their childhood experiences and love of farming pushed them to find their eventual calling, and they opened Backyard Orchards near Eufaula in 2010.

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“Our father had the idea to start a u-pick operation,” Young said. “We had an exciting concept for a new family venture and found the perfect location, so we decided to become entrepreneurs.”

Backyard Orchards gave the sisters the path they longed for in fitting into the family business. They offer u-pick and freshly packed produce.

Fruits currently ripe for picking are peaches and blueberries. There is a variety of fresh vegetables available, including potatoes, onions, squash, zucchini, tomatoes, cucumbers, eggplant, field corn, sweet corn, peppers, peas and okra.

There is an onsite cafe that serves homemade pies, fudge and ice cream – the perfect end to a day on the farm. The barn, pavilion and grounds can be rented for weddings, birthday parties, corporate events and more.

Under COVID-19 safety measures, visitors are not required to have a reservation, but should follow these guidelines:

  • Stay with your group and remember to social distance while in the fields and store.
  • When the store is busy and social distance is challenged, send one group representative into the store to pay for and/or order food and ice cream.
  • There are sinks for handwashing located in the restrooms. Hand sanitizer is located throughout the store.
  • Pick up café orders from the window located outside on the front porch.

The orchards allowed the sisters to carry on the traditions from childhood that they always dreamed of passing on to their own children.

“Some of my fondest memories are the simplest ones involving our whole family: playing in the cottonseed and corn, jumping on hay bales and cotton modules, riding around with my dad to check on pivots or crops and playing in the irrigation with my sisters and cousins,” Young said. “Farming is a difficult life, but the family experiences have made it a wonderful life.”

Young and her husband have three children: Gardner, 10, Sterling, 7, and Cade, 4.

“Gardner has been picking squash with me since he was a baby,” Young said. “He now helps his dad pick and sell watermelons. Sterling wants to start helping me at the local farmers market. Cade is still too young to help on the farm, but he loves to eat the ice cream.”

Young sees them creating memories and experiences like she had with her sister as a child.

“I hope they all want to play a role in either the orchard or the family farm one day, but only if that is where their hearts lead them,” she said. “Right now, they are growing up the same way I did and enjoying the simple joys of childhood on the farm.”

The sisters continue looking for ways to enhance the orchards and develop the business. Plans are in place for planting blackberries, expanding the peach orchard and increasing the strawberries plants.

To learn more about Backyard Orchards and plan a family outing, visit the website or follow them on Facebook.

(Courtesy of Alabama News Center)

20 hours ago

Alabama native Rachel Baribeau is Changing the Narrative and expanding her own

Sportscasting is a tough business for anyone, but has been traditionally even more difficult for women. That’s why the change in direction for Rachel Baribeau won’t make sense … until you hear her explain it.

“I am always evolving – as a woman, as a queen, as a daughter and a friend and as a fiancee and a future wife – I am always trying to be better. I’m a lifelong learner.”

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Rachel Baribeau is Changing the Narrative in college sports and beyond from Alabama NewsCenter on Vimeo.

The Auburn graduate and former Pell City resident had a career many would consider perfect: covering SEC football and other sports, from the sidelines and from her college football talk show on Sirius/XM (where she was the network’s first female college sports host).

Baribeau was well-respected enough among her peers to be granted a Heisman Trophy ballot. But it was her work away from the microphone that made the most noise.

“The idea that there is royalty inside of all of us; that there is legacy and purpose and greatness.” Baribeau beams as she describes the impact of the conversations she had been having with college athletes.

Changing the Narrative” was Baribeau’s passion project – a movement that promotes positive mental health and inspiring people to build a positive legacy for others. She took her “Purpose – Passion – Platform” message on a nationwide tour of college football programs, filled with candid heart-to-heart conversations.

After spending four years on this consulting journey, Baribeau announced last October that she would be walking away from sports to concentrate on Changing the Narrative full time.

“I started with this desire and belief that athletes could trend for something other than bad news,” Baribeau said.

Now a nonprofit, Changing the Narrative has expanded further. Baribeau is now in demand in locker rooms, board rooms, law enforcement agencies and entire athletic conferences. “We already have the Big Ten on board; how great would it be to be in all of the Power Five conferences?”

Baribeau is scaling the program in several ways. First, the pandemic has forced a shift to more online training and modules. Second, the material is being tweaked to skew younger for high school audiences. Finally, Baribeau is training a network of other speakers including former athletes who can bring their own experiences of Changing the Narrative to even more audiences.

(Courtesy of Alabama News Center)

20 hours ago

Alabama entrepreneurs can apply now for Walmart’s Open Call for products

Walmart’s seventh annual Open Call is underway for entrepreneurs dreaming of landing U.S.-manufactured products on Walmart shelves by successfully pitching their wares to company officials during online meetings.

“Walmart’s Annual Open Call event gives us a unique occasion to identify new suppliers who can meet our customers’ needs with unique and innovative products manufactured or produced in the U.S.,” said Laura Phillips, Walmart senior vice president for Global Sourcing and U.S. Manufacturing.

“During this year of unprecedented challenges for U.S. businesses, Walmart remains committed to sourcing products made, grown or assembled in the U.S.,” Phillips said.

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In 2013, Walmart announced a 10-year commitment to help boost job creation and U.S. manufacturing through buying an additional $250 billion in products supporting American jobs. Walmart’s Open Call is one way the company continues to invest in the commitment.

“By Investing in products that support American jobs, we are able to bring new exciting products to our customers, support new jobs in our local communities and invest in small business across the country,” Phillips said.

The Open Call, scheduled for Oct. 1, kicks off Walmart’s celebration of U.S. Manufacturing Month and will include programming similar to previous years. In addition to one-on-one pitch meetings with Walmart buyers, participants will have an opportunity to hear directly from Walmart executives and learn from company leaders during small breakout sessions designed to inform, empower and encourage suppliers.

“For the first time, this year’s Open Call event will be virtual, enabling even broader participation from potential new suppliers,” Phillips said. “We know how important this opportunity is for many small businesses, especially this year, and we are looking forward to seeing the new product submissions and meeting potential new suppliers.”

This year’s Open Call attendees could secure deals ranging from a handful of stores in local markets to supplying hundreds, or even thousands, of stores, Sam’s Clubs and on Walmart.com.

Gwen Hurt, owner of Shoe Crazy wine, participated in Walmart’s 2018 Open Call, where a Walmart buyer decided to test her product in 66 stores.

“We were walking into an entirely new and welcoming world,” said Hurt. “Everyone was so professional and kind throughout the process.”

“We’ve been thrilled to work with Walmart and are excited about the continual growth of our product,” Hurt continued. “Thanks to this relationship, we’ve been able to expand our operations to 15 employees while reinvesting in our community through the purchase of a once-abandoned warehouse and additional resources.”

“It’s a dream come true for our family,” Hurt said. Walmart is expanding Shoe Crazy Wine to 118 stores across Virginia, North Carolina and Georgia.

The deadline to apply to participate in this year’s Open Call for U.S.-manufactured products is Aug. 10. The application and information about the event are at Walmart-jump.com.

Information about Walmart can be found by visiting corporate.walmart.com, on Facebook at facebook.com/walmart and on Twitter at twitter.com/walmart.