Category Archives: Abuse of Power

Democrat AG Indicted for Abuse of Office

Kathleen Kane is neighboring Pennsylvania's Attorney General. She is also in the uncomfortable position of being indicted last week for perjury, conspiracy and obstructing justice, official oppression and false swearing. Fellow Democrat, Governor Tom Wolf, looking out for himself, has called for her to resign. I guess the lynch mob mentality is alive and well, but to her credit Kane refused saying it would be an admission of guilt and she is not guilty. If she is guilty, she had better make a deal. Attorneys General do not fare well in prison. If not, I hope she exposes the conspiracy. Time will tell. It would not hurt for her to take a leave of absence to focus on clearing her name. The people deserve to know that their Attorney General is trustworthy. She no longer has the confidence of law enforcement officials that she is claimed to have been trying embarrass or many people Read more

First State Animal Shelter/SPCA Proposes Public Contract Extensions

Controversy Remains By: Wolf von Baumgart, Staff Writer In an apparent change of strategy, First State Animal Shelter/SPCA Director, Kevin Usilton, has proposed a one-year extension (to June 30, 2016) of all public animal control contracts in Delaware after previously announcing that they would be terminated by September 15, 2015. Currently, about 40 FSAS/SPCA animal control officers and other employees are scrambling to find new jobs in anticipation of the termination, as the State of Delaware moves to assume direct administration of animal control functions through the Office of Animal Welfare. Annual FSAC-SPCA annual contracts ranged as follows: Sussex County ($682,616), Kent County ($895,041.12), New Castle County ($1,035,000), Wilmington ($600,000), City of Dover ($40,000) and the Delaware Department of Public Health for rabies ($275,520) and cruelty reimbursement of ($106,000); Read more

First State Animal Shelter Terminates Public Animal Control Contracts

By: Wolf von Baumgart, Staff Writer The Board of Directors of the First State Animal Shelter and SPCA (formerly known as the Kent County SPCA) has voted (14-1) on Monday, July 13 to terminate all public animal control enforcement contracts in Delaware, effective 15 September 2015. Instead, the organization (based in Camden, DE) will switch to an "animal rescue and no-kill shelter" operation. The board's decision potentially leaves a gap in related services in the event that various state, county and local officials do not formulate an alternative operational strategy. This includes setting up an animal shelter, training and outfitting of personnel, implementation of legal framework, administrative operations and soliciting bids. The Delaware Office of Animal Welfare recently announced that it would assume direct responsibility for animal control enforcement operations at an estimated Read more

Toll Wars MD v. DE

As someone who travels to the People’s Republic of Maryland, I am not excited about the latest round in the toll wars. Last year, Delaware went up on its tolls for weekends on popular tourist roads. This July, Maryland is waging its own war on out of staters by charging a new cash rate including to out of state EZ Pass users. Maryland EZ Pass users get a discounted rate.

The ultimate revenge is that Marylanders still get to use their resident discount when they leave to come shop in Delaware. Maybe Delaware should implement sanctions against Maryland firms that apply for state contracts and send that money to the highway trust fund until Delaware EZ Pass holders are no longer penalized.

Open Letter re: HB 204

Guest Opinion By: Doug Beatty Dear Representative Lynn, This citizen must take umbrage with your sponsorship of H.B. 204. On what planet is this a sound idea? The animal control officers at KCSPCA/FSAC have racked up an impressive history of unanswered complaints. At this very moment one Jacqueline Dyer of Hartly has publicy stated that Lt. David L. Hulse is retaliating against her for a drug test Hulse failed in 2006 administered by Dyer. After Dyer went public, she was criminally charged for dog at large on very shaky probable cause. In fact, in spite of evidence to the contrary according to Ms. Dyer and video from her home surveillance that she has made public. Anywhere I've lived except this place would call that retaliating against a whistle blower. Here, nobody cares how many officials know about this event it seems to always fall outside their responsibility. Giving Read more

Income Inequality is the latest distraction from the real problem

Bait and Switch Still Works The hard left has a rallying cry. America is being victimized by rising income inequality. The 1% are oppressing the rest of us by virtue of being successful, they contend. I believe that is poppycock. How much Bill makes is none of your business unless he is taking it from you. If Bill creates something or provides some service/product that someone is willing to pay, Bill should be able to get whatever the market will bear. The thieves are those who would steal from Bill for redistribution. It does not matter whether it is a robber with gun or a tax collector with a CAC because Bill still unjustly loses his money. Sure it may not be "fair" that Bill makes billions and Joe makes thousands, but it is not fair that Joe did not give as much economic value to society as Bill. Why didn't Joe transform the world like Bill Gates did? Using the current dipolar Read more

Dover Police Issue Statement/Release Video ON Officer Related Incident

by Dover Police Department After a federal judge ruled that the video regarding the arrest of Lateef Dickerson on August 24, 2013, by Officer Tom Webster was no longer considered to be confidential, the Dover Police Department has decided to release the video. Based on the incident that occurred, which is captured on this video, the Dover Police Department initiated a multi-pronged investigation into this matter. As a result, in November 2013, the Dover Police Department placed Webster on paid administrative leave pending an internal investigation and review of the case by the Delaware Attorney General’s Office. In March of 2014, the Delaware Attorney General’s Office took the case before a grand jury who did not return an indictment for Webster. At that time the United States Attorney’s Office for the District of Delaware Read more

Dover Community Works Together In The Wake of Webster Indictment

Mayor Christiansen and Dover's Black Leaders Unify to Prevent Violence Over The Felony Arrest Of Dover City Police Cpl. Thomas Webster on A Second-Degree Assault Charge. Authored by: Staff Writers, DonAyotte and Wolf von Baumgart In a press conference that took place in front of Dover's City Hall, Mayor Robin Christiansen said that the Dover City Council met in special executive session yesterday to discuss the matter of the Delaware Justice Department's indictment of Dover PD Cpl. Webster. The closed session was held according to the terms of the Delaware Freedom of Information Act, involving cases in which litigation and personnel matters are involved. He would not discuss legal details of the case but said that Webster would be dismissed if he were convicted of the charge. When asked if one of the possible reforms may include establishment of a civilian police review board, Read more

Six Baltimore Police Officers Criminally Charged In Freddie Grays Death.

State's Attorney General Marilyn Mosby Announces Criminal Charges In The Death Of Freddie Gray Who Was Critically Injured While In Police Custody. Most Protesters interviewed greeted Mosby's announcement with cautious skepticism, and a wait and see attitude. While people were happy that some action was being taken, pessimism was heavily speckled throughout the crowd, according to various press sources. Despite Mosby's announcement, Protesters were gathering in Baltimore's streets for a fair-weather weekend of protests over Gray's death, allegedly caused while he was injured in police custody. Unrest and an uneasy calm was apparent by most visual media on site in Baltimore streets. Driver of the police van that carried Freddie Gray in a four-stop ride through Baltimore, Forty-five year-old Officer Caesar Goodson was charged with second degree murder, manslaughter and misconduct Read more

La Mar Gunn Has His Day before the Supreme Court

The video is here. The last race of the 2014 election is not over. The Delaware High Court heard La Mar Gunn’s appeal of the declared tie in the 2014 election Wednesday.

The toughest issue is the bar for malconduct being shown by the Board of Canvass. It seems everyone admits mistakes have been made, but the attitude of Democrats is tough luck to the people who voted for the winner of the Recorder of Deeds Race in Kent County last November. Will technical arguments carry the day? We will update you on the ruling when we receive one.

Dog Panel Hearing Raises Legal Issues

ANALYSIS by: Wolf von Baumgart, Staff Writer Major legal issues regarding the policies, operating procedures, standards, training and powers of Delaware Animal Control officers were raised at the 4/13/2015 Dog Panel Hearing held in Sussex County Council chambers in Georgetown, DE. The attorney for Milton-area residents John and Nancy Smith, Michael Abram, vigorously cross examined a contingent of Delaware Animal Control officers during their testimony in the case of “Millie”, a brown and white mixed Jack Russell Terrier, recently quarantined by Delaware Animal Care and Control (DEACC), an instrumentality of the First State Animal Center and SPCA, a private nongovernmental organization located in Camden and incorporated in Delaware. Contrary to their appearance, Delaware Animal Control officers are not state government employees, per se, but act instead as contract agents of Read more

“Millie” is Spared Execution

By: Wolf von Baumgart, Staff Writer After a highly pitched two-hour hearing of the Delaware Dog Panel and an additional hour of decision, The life of "Millie", a brown and white mixed Jack Russell Terrier, owned by Milton area residents, John and Nancy Smith was conditionally spared at meeting in Sussex County Council Chambers, last night. While she potentially faced the canine "death penalty", for having recently bitten a neighbor's dog and its owner, animal control officers did not ultimately recommend euthanasia and the panel instead classified her as "potentially dangerous" dog, subject to yard confinement and strict leash control when off-premises, under 9 Del.C. sec.926 b (c). Both the dog, "Spike" ( a Yorkshire Terrier ) and owner, Michelle Keck have recovered from injuries sustained in a 3/16/2015 incident in the Woodgate development. "Millie" should be reunited Read more

Delaware Animal Control Reform Petition Available On-line

By: Wolf von Baumgart, Staff Writer A Petition to Delaware Governor Jack Markell, Attorney General Matt Denn et.al. to "Immediately investigate violations by and clarify authority of the contracted dog control agency, known as Kent County SPCA, First State Animal Center & SPCA, Camden SPCA and Delaware Animal Care & Control" is available on-line at: https://www.change.org/p/governor-jack-markell-attorney-general-matt-denn-delaware-governor-jack-markell-delaware-attorney-general-matt-denn-delaware-office-of-animal-welfare-delaware-s-148th-general-assembly-immediately-investigate-violations-by-and-clarify-authority-of-t . NOTE: This information was contributed by D. Meier in a comment regarding a previous article: “Talk Show Host Legally Challenges SPCA”. Read more

Saga of “Millie” Continues

by: Wolf von Baumgart, Staff Writer The Dog Panel hearing in the Jake and Nancy Smith case, involving their pet, "Millie" is scheduled for 7 p.m., Monday, April 13 in the Sussex County Council Chambers, located on 2 The Circle in Georgetown, DE according to a 4/7/15 article in the Cape Gazette. "Millie", a white and brown Jack Russell Terrier mix, alleged to be a dangerous animal by a few of Smith's neighbors, is reportedly being held incommunicado at the First State Animal Shelter, located on 32 Shelter Circle, Camden, DE 19934. We are unable to confirm this due to a judicial gag order, issued in this case. The panel is charged with determining the dog's ultimate fate, up to and including possible euthanasia. Read more

** UPDATE ** Smith v. SPCA

By: Wolf von Baumgart, Staff Writer A judicial gag order has been issued on all parties concerned in the case of litigation of John "Jake" and Nancy Smith (plaintiffs) against Delaware Animal Care and Control, filed in Delaware Superior Court over possible illegal impoundment of their dog, "Millie" under guise of authority. Attorney John Brady, representing the Smiths contends that the 1981 state statute that excluded Sheriffs and Sheriff's Deputies from certification as police offices by the Delaware Council on Police Training also did not include animal control officers as police officers. The litigation essentially argues that only sworn and certified police officers can legally execute arrest and search and seizure warrants under the present Delaware Code, Title 11, Chapter 19. Both Kent and Sussex Counties have contracted animal control services with the First State Animal Read more

Talk Show Host Legally Challenges SPCA

By: Wolf von Baumgart, Staff Writer In a legal effort to assert citizens constitutional rights against unlawful search and seizure, well-known Delmarva radio personality and Milton area resident, Jake Smith has filed a legal challenge against Delaware Animal Care and Control. The action centers around the organization’s recent impoundment of his Jack Russell Terrier mixed dog, “Millie” after incidents with neighbor’s dogs. On 7/5/2012 in the first incident, Millie was attacked by one neighbor’s Yorkshire Terrier. A separate incident occurred involving another neighbor’s Yorkshire Terrier on 3/16/2015 in which he paid her resulting veterinary and medical bills, according to Smith, who was interviewed by Dan Gaffney on WXDE 105.9 FM, yesterday morning Subsequently, animal control officers continually visited Smith’s neighbor (involved in the first incident) on numerous Read more

Citizens Rally At Leg Hall In Support Of HB 50

HB50, It's All About The Right To Choose To Opt Out Of Testing Co-written By Don Ayotte and Wolf von Baumgart An Education Rally at Delaware’s Legislation Hall, drew an eager crowd of parents and children, wanting their voices heard in support of HB50. The short version of HB 50 states in the synopsis, “This bill creates the right for the parent or guardian of a child to opt out of the annual assessment, currently the “Smarter Balanced Assessment System.” This is a requirement of the new Common Core education system being implemented in Delaware Schools. The primary sponsor of the bill, Rep. John Kowalko (D-25) and Senate sponsor, Sen. David Lawson (R-15), along with House co-Sponsors, Reps. Baumbach (D-23), Keely (D-3),Matthews (D-10), Spiegelman,(R-11), K. Williams (D-19), Yearick (R-34) and Sen. Henry (D-2). Kowalko stated to the crowd outside of Legislative Hall Read more

Will Emails Undo Clinton?

The New York Times reported that all of Clinton's emails as Secretary of State were from her private email server which could open her to criminal charges. It appears Secretary Clinton rarely, if ever, used her government email. That is poor practice because it makes her responsible for providing all emails in response to FOIA and oversight committee inquiries. If she is found to have not provided some, it could open her up to a felony if she is found to have intentionally concealed or destroyed information. She could also run into the same silly problem General Petraeus did with mishandling classified information, which is a misdemeanor. Unlike the background noise about donations to the Clinton foundation, this one could have truly endanger her viability. Will the Obama administration which so vigorously pursued Petraeus even though the person who accessed the information had Read more

Keystone Veto Ironic

As most of you know President Obama, who was supportive of Keystone in 2011, vetoed a bipartisan bill to approve the Keystone XL pipeline after 6 years of delay. What you may have missed is the reason given."Through this bill, the United States Congress attempts to circumvent longstanding and proven processes for determining whether or not building and operating a cross-border pipeline serves the national interest," opined the White House. I am puzzled because the system was designed by Congress and Congress has the ultimate Constitutional authority to approve it or determine the national interest. His administration abused the authority given by Congress. That is why it is being taken back. Every excuse given such as environmental concerns and pending action by the Nebraska Supreme Court have fallen by the wayside. There is no legitimate reason to delay it. It does not even make Read more

US Gave Visas To Unscrupulus Foreign Nationals

Officials Overseeing Immigration Program Offers Shortcuts to Wealthy Foreign Investors, Despite Warnings From Whistleblowers. http://abcnews.go.com/US/whistleblowers-us-gave-visas-suspected-forgers-fraudsters-criminals/story?id=28671577&singlePage=true Despite warnings from Whistleblowers, officials overseeing a federal program that offers an immigration short-cut to wealthy foreign investors have ignored pointed warnings from federal agents and approved visas for some immigrants suspected of having committed fraud money laundering, and even one applicant with alleged ties to a child porn website, an ABC News investigation has found. The shortcomings prompted concerns within the Department of Homeland Security that the boutique immigration program would be exploited by terrorists, according to internal documents obtained by ABC News. According to five different Homeland Security Read more

The Sword that Executes the Law is Not Above It

With that quote, a federal district court in Pennsylvania declared that President Obama’s executive action violated the Separation of Powers and was unconstitutional. The issue at hand did not require the court to set aside the policy so it did not. This ruling gives powerful ammunition to the next Congress to defund an action ruled unconstitutional. If the President then pursues it, Congress can say wait, you are not just fighting us but defying the courts. It takes opposition to it out of the realm of politics. Read the ruling here.

The Troubling case of Eric Garner

All clear thinking Americans should be disturbed by the death of Eric Garner. Dr. Charles Krauthammer calls the non-indictment incomprehensible and a miscarriage of justice. George W. Bush calls it sad and hard to understand. The Southern Baptist Convention's Ethics and Religious Liberty Committee said a "government which chokes its own citizens for selling loose cigarettes is not living up to Biblical principles." Of course those who read my reaction after the decision know that I fully agree plus some. Voices on the left agree. Russell Simmons says we haven't seen protests yet. Juan Cartagena of HuffPost calls for grand jury reform, which is much needed. The NAACP is "deeply disappointed". The ACLU is strident saying that Garner's near last words have to be prophetic," It stops today". If Rush and the NAACP or GWB and the ACLU are on the same side, lightning has struck. We had better pay Read more

The Lawless Presidency

Congress shall have power "To establish an uniform Rule of Naturalization", Article 1 Section 8 of the U. S. Constitution. It is not a Presidential power nor merely a federal power. It is a Congressional power and only a Congressional power. Any attempt by the Executive to rewrite the law is lawless. Surely the President has the power to set aside prosecutions or deportations to focus resources on the most dangerous and disruptive of those here illegally. If the President stopped at the next two years we will focus on felons not families, I would support him. We have no hope of deporting everyone here illegally if we wanted to do so. We pretty much decriminalized unlawful entry long before President Obama. He is stuck with making the best of the situation. He has deported more people than anyone else and he is sick of the broken families and multitude of complaints from immigrant Read more

GOP Chair Issues Statement Following Challenge To Kent County Election Results

FOR IMMEDIATE RELEASE November 13, 2014 CONTACT: John Fluharty, Executive Director GOP Chair Issues Statement Following Challenge To Kent County Election Results Newark, DE -- The Chairman of the Delaware Republican Party this morning issued the following statement regarding the Party's challenge to the recount in the Kent County Recorder of Deeds race: "Today the Delaware Republican Party, the Kent County Republican Party and Mr. La Mar Gunn, Republican candidate for Kent County Recorder of Deeds, filed in the Kent County Superior Court challenging the election recount process and certification of the election in the Recorder of Deeds race. "On November 4, 2014, the Kent County Department of Elections reported La Mar Gunn as the winner of the election for Kent County Recorder of Deeds by 2 votes. Under Delaware Read more

The Corporate State and Administrative Regime

We ratified the United States Constitution this day in 1788. 226 years later, we are still governed by this beautiful expression of American self governance. Happy Constitution Day! Tim wrote a good post on the Constitution so I will not duplicate it. I would like to discuss the challenges to it. I think everyone recognizes that perpetual war is a constant challenge to civil liberty and the scope of government. Thanks to the global situation, this is a reality and we must guard ourselves against over reach in the name of national security. I will continue to advocate for civil liberty in time of war. What is often less though of on my side of the aisle is the rise of the corporate ownership of power and wealth. On the left, what is often not thought of is the rise of the Administrative bureaucracy supplanting elected officials. Over the coming months, I would like to challenge Read more