U.S. Sen. R-Miss., Thad Cochran

The U.S. Senate on Thursday in a 63-37 vote confirmed Elena Kagan as a new associate justice to the Supreme Court. Prior to the vote, Mississippi Republican Senators Thad Cochran and Roger Wicker released statements saying they would oppose the confirmation. Wicker’s statement was printed in the Marion County Informer July 26 and can be read by clicking this link: http://bit.ly/d5g5XW. Cochran’s statement released Aug. 4 is printed below:

In a speech to the Senate, Cochran outlined the reasons he would vote against confirming Kagan, the U.S. solicitor general who was nominated by President Obama to replace retired Justice John Paul Stevens. The following is the text of Cochran’s remarks:

Mr. President, as the Senate considers the nomination of Solicitor General Elena Kagan to be an associate justice on the United States Supreme Court, I want to thank Senators Leahy and Sessions for their work in the Judiciary Committee on this nomination. The hearings were informative and respectful, and they produced a hearing record that gives all Senators a better understanding of the nominee’s background.

She graduated with academic honors from Princeton University and Harvard Law School. She clerked for Supreme Court Justice Thurgood Marshall, served as a White House policy advisor for the Clinton Administration, and as Dean of Harvard Law School.

U.S. Supreme Court Associate Justice Elena Kagan

Last year, on March 19, she was confirmed by the Senate as U.S. solicitor general. She has not had much experience as a practicing lawyer, and she has had no experience as a judge. Her lack of legal and judicial experience is not a disqualification, but it does make our job of evaluating this nominee a bit different.

We should ask ourselves whether Elena Kagan will perform the duties of a Supreme Court justice with the requisite fairness, restraint, and respect for settled precedent under the laws and constitution of the United States. After reviewing the record and her testimony, I believe serious questions about her respect for precedent have not been answered.

General Kagan has a history of political advocacy, and she has not shown that she appreciates the critical distinction between political advocacy and neutral judicial decision-making. As an example, General Kagan’s prior work suggests that she would not protect an individual’s constitutional right to bear arms.

As a policy advisor to President Clinton, Kagan promoted several gun control proposals, including background checks for all gun purchases in the secondary market, a gun tracing initiative, and giving law enforcement the ability to retain background check information from lawful gun sales.

She also drafted executive orders to restrict the importation of semiautomatic rifles and to require all federal law enforcement officers to install locks on their weapons. More recently – as solicitor general, Ms. Kagan refused to submit a brief to the Supreme Court in support of the petitioner in the McDonald v. Chicago case. In June of this year, the Supreme Court ruled in favor of the McDonald petitioner, holding that the Second Amendment right to bear arms is binding on the states.

Notably, McDonald was a 5-to-4 decision. It is the second Supreme Court decision in recent years to affirm the right to bear arms by a narrow, 5-to-4 majority. When asked whether she agrees with the four dissenting Justices in these two cases, General Kagan repeatedly declined to answer the question. I am concerned that General Kagan is not committed to observing binding precedent in the area of Second Amendment rights.

If she is confirmed to the Supreme Court, she could overturn the closely-decided holdings of these recent cases. General Kagan’s record on military recruiting at Harvard Law School also is troubling to me. As Dean of Harvard Law School, she disallowed military recruiting on campus during a time of war. Her actions were in violation of federal law that requires schools accepting federal funds to allow military recruiters access to campus.

As justification for her actions, she referred to the military’s “don’t ask, don’t tell” policy as a “moral injustice of the first order,” and she reaffirmed those views during her confirmation hearings. When she openly defied federal law, she emailed the Harvard Law community to say she “hoped” the federal government “would choose not to enforce” the law. The Supreme Court later ruled unanimously that Harvard was, in fact, in violation of federal law.

What is even more troubling is that Kagan was not candid about this incident during her recent confirmation hearings. When asked about the issue, she claimed that Harvard Law School was “never out of compliance with the law.” She also said that the military had “equally effective substitute” methods for recruiting students from Harvard and had “full and good access” to students during this time.

Her assertions are belied by several contemporaneous documents from military recruiters, showing that they encountered severe impediments to recruiting Harvard students. Internal Pentagon documents indicate that under Dean Kagan, “[t]he Army was stonewalled at Harvard.” The chief of recruiting for the Air Force’s Judge Advocate General Corps wrote that “Harvard is playing games.”

And an Air Force recruiter wrote to Pentagon officials stating that, “[w]ithout the support of the Career Services Office [at Harvard], we are relegated to wandering the halls in hopes that someone will stop and talk to us.”

I believe that the nominee’s discriminatory treatment of military recruiters was both contrary to law and a disservice to the military during a time that America was at war. Her recent testimony that she acted within the law and that the military had equal access to students is less than candid and is directly contradicted by a unanimous Supreme Court ruling.

It is the responsibility of the Senate to make certain that those who are confirmed to the Supreme Court are not only qualified by reason of experience and training, but also are fully committed to upholding the rule of law. I cannot support Ms. Kagan’s nomination to a lifetime appointment on the Supreme Court, based on the facts I’ve just described. Ms. Kagan has a history of openly defying established federal law and of being hostile to certain individual rights guaranteed by our constitution.

Her recent hearing testimony did not show that she is prepared to relinquish the role of political advocate and to take seriously the oath to “faithfully and impartially” uphold the constitution and the laws of the United States. For these reasons, I cannot support her nomination.

Some of the FEMA trailers stored on the land on Highway 43 South in Marion County.

By Josh Mitchell/Informer Publisher

The federal government has paid two Mississippi companies a total of $804,645 for use of land on Highway 43 South in Marion County to store FEMA trailers, according to the General Services Administration.

A company called 23467 Mississippi LLC of Hattiesburg was paid $480,645 by FEMA for use of the approximately 300 acres of land located at 1817 Highway 43 South, Columbia. The company leased the land to FEMA from April 9, 2007 to April 9, 2009.

The land then went under the ownership of Marion Clay & Gravel LLC, which has leased the property to FEMA since April 10, 2009, according to the GSA. To date, FEMA has paid Marion Clay & Gravel LLC $324,000 to store the trailers at the site.

In total, FEMA has paid $804,645 since it started leasing the land, according to the GSA.

It is unclear who owns Marion Clay & Gravel LLC. The Columbia phonebook lists a business address for Marion Clay and Gravel at 1917 Highway 43, Columbia, but a message left at the number was not returned. Likewise, it is unclear who owns 23467 Mississippi LLC.

The Mississippi Secretary of State Office does not require that the owners of LLCs be listed. According to the Secretary of State Web site, Marion Clay & Gravel LLC was created Feb. 23, 2009 and is currently listed in “good standing.”

The Mississippi Secretary of State Web site states that 23467 Mississippi LLC was created Aug. 21, 2006 and is also currently in “good standing.”

Over 9,000 trailers were stored at the Marion County site, but all of the units were purchased by Lubbock, Texas businessman Lance Inderman for $9.1 million in February. Inderman could not be reached for comment to determine what he plans on doing with the trailers.

The trailers were used as temporary housing after Hurricanes Katrina and Rita five years ago. A few months ago, a GSA spokesman told the Informer that the trailers had to be removed from the Marion County site by September.

The government issued over 100,000 FEMA trailers after the hurricanes, and many of the units had significant levels of formaldehyde. As a result of the formaldehyde issue, Inderman had to sign a waiver stating that the trailers he purchased would not be used for housing. Formaldehyde was used to make the wood products in the trailers and is a carcinogen.

U.S. Sen Roger Wicker, R-Miss.

U.S. Sen. Roger Wicker, R-Miss., has released an official statement saying he will vote against appointing Elena Kagan to the U.S. Supreme Court. Last week, the Senate Judiciary Committee approved the nomination of Kagan, but the full Senate must still vote on the appointment. With Democrats in control of the Senate, Kagan is expected to be approved. U.S. Sen. Thad Cochran, R-Miss., has not released an official statement on Kagan but is expected to soon, his press office said today. Below is the statement released by Wicker on July 19:

Over the past several weeks, I have been reviewing the record and testimony of President Obama’s Supreme Court nominee, Elena Kagan. On Wednesday, I had the opportunity to sit down with Ms. Kagan and discuss some of my concerns surrounding her views and past statements. We need to set the highest standards when confirming justices for lifetime appointments to the highest court in the nation. Ms. Kagan certainly has an impressive resume with extensive political and academic credentials, but her record also demonstrates a tendency to insert personal beliefs and lean toward judicial activism.

Supreme Court Nominee Elena Kagan

Protecting the Second Amendment

I have serious concerns about Ms. Kagan’s view on the right to bear arms, a basic constitutional right. As a clerk to Justice Thurgood Marshall, Elena Kagan wrote a memorandum indicating she was “not sympathetic” to a Second Amendment challenge of the gun ban in Washington, D.C. Not only was Ms. Kagan’s recommendation troubling, but the personal tone she used is even more disturbing. Rather than pointing to text and precedent, rooting her analysis in law, or looking to the Constitution, she chose to insert her personal beliefs saying, “I’m not sympathetic.” Ms. Kagan went on to serve as a key advisor to President Clinton on gun control efforts, where she advocated proposals to increase restrictions. She helped draft an executive order requiring all federal law enforcement officers to install locks on their weapons and another order limiting the importation of certain semiautomatic rifles. The Supreme Court continues to hear many challenges to state and local gun control laws on the grounds that the laws violate the Second Amendment. The most recent case this year, McDonald v. Chicago, resulted in a 5-4 decision, demonstrating that the personal Second Amendment right of every American hangs by a single vote. I am concerned that Ms. Kagan’s beliefs and political activism on gun control would influence the way she judges from the bench.

Kagan’s Support of Partial Birth Abortion

Ms. Kagan, having neither served as a judge nor spent any significant time in a courtroom, lacks a judicial record to give us insight into her views on abortion. There are, however, several red flags raised by her actions on this issue during her days in the Clinton White House. Memos from Ms. Kagan to President Clinton indicate that she believed partial birth abortion is constitutionally protected. Partial birth abortion is a truly reprehensible procedure, and I am disturbed that Ms. Kagan would find the prohibition of this act to be unconstitutional. I believe her views on this issue raise serious questions regarding how she would interpret the Constitution if confirmed to the Supreme Court.

Defying the Law

During her committee hearings, Ms. Kagan was questioned extensively about her record as Dean of Harvard Law School. When meeting with the nominee, I had the opportunity to ask her to clarify the events leading up to her decision to ban military recruiters from the campus. Unfortunately, I found her explanation troubling. Ms. Kagan inherited a policy of open-access for military recruiters at Harvard but changed that policy in defiance of federal law and at a time when the United States was at war. Fortunately, Dean Kagan’s position was rejected 9-0 by the Supreme Court. While she is free to have personal opinions on the military’s “Don’t Ask Don’t Tell” policy, she should not be putting her views above the law of the land. This speaks to the larger question of whether she will interpret the law as written or as she would like it to be.

Kagan Not Right for Supreme Court

In her testimony before the Senate Judiciary Committee, Ms. Kagan acknowledged that it is ‘difficult to take off the advocate’s hat and put on the judge’s hat.’ I do not have confidence that Ms. Kagan would be able to restrain her personal views and political advocacy from influencing her decisions if she were confirmed to a lifetime position on the Supreme Court. Americans want a justice who will apply the law impartially and without bias. The American people do not want Congress to confirm a nominee to the highest court that would serve as a rubber stamp for this White House or any future administration. Her political advocacy on gun control and partial birth abortion, her deliberate defiance of the law banning military recruits, and her apparent belief that there is little limit to the federal government’s power over the individual rights of Americans are reasons why I will vote against the nomination of Ms. Kagan to the U.S. Supreme Court.

The Marion County Republican Women signed up new members to the Tea Party.

By Chloe Oliver

Normally, there is a sleepy atmosphere on Saturday mornings at the Marion County Courthouse in Columbia. The quiet was broken on Saturday morning as attendees of the Columbia Tea Party Rally gathered on the the front lawn of the courthouse in anticipation of the slated speakers.

Organizers of the rally, Donna Fite and Kelly Roberts, stated that the event is a way for citizens to voice concerns about political issues and seek solutions on pending and passed legislation.

Representatives of Marion County Republican Women were on hand to help those interested in becoming members of the Tea Party, 15th Judicial District Attorney Hal Kittrell gave copies of the Bill of Rights to the crowd, and Farm Bureau’s eminent domain petition was available for those interested in signing.

Fite welcomed the crowd of about 100 and gave a reading of The Star Spangled Banner, the Rev. Ken Shinn of Columbia offered the invocation and Lyman Fite led the crowd in The Pledge of Allegiance.

With the courthouse’s American flag waving proudly above, Dan Lindsey of  Hattiesburg’s 912 Group introduced the first speaker, who was 4th Congressional District Libertarian candidate Tim Hampton of Hattiesburg. Hampton stated that he believes Congress is out of control and citizens need to exercise their rights to get rid of those in office.

Next, former candidate for the 4th Congressional District Republican Joe Tegerdine of Petal echoed the thought of citizen responsibility by saying, “We need to start doing our jobs as voters…and put America back on the path to spiritual and economic success.”

Speaker Ron Vincent of the 912 Hattiesburg Group voiced his concern about the Disclose Act, saying that he believed it to be politicians’ efforts to “eradicate the speech they don’t like.”

In his remarks, State Sen. Joey Fillingane, R-Sumrall, turned his thoughts toward health care saying that recent legislation was forced upon Americans and that politicians don’t know or care what the people think.

Jim McQuiston, a retired professor of economics, spoke to the rally about the crippling of the drilling industry by the U.S. government and also said that it looked like the government was “determined to destroy our economy.”

The Rev. Ken Shinn of Columbia advised attendees to “rely on God,” not politicians, and urged citizens to pray for our leaders and our country. Ken Knopp, of the Columbia Edward Jones Office, spoke of the divine intervention that he believes aided those who founded this country. Although Knopp praised the beauties of American life, he warned that America is “in danger like never before.”

Dawn Beam, 10th District Circuit Court judge candidate from Sumrall, stated that “we have an obligation to do our part to make this country better and pass that torch to the next generation.”

Joseph Turney, 15th District Circuit Court judge candidate, emphasized accountability from government and urged the crowd,”Let’s take our country back!”

A surprise visit was made by 4th Congressional District candidate Steven Palazzo of Biloxi, who asked the audience what they thought about federal government today, which elicited boos from the crowd.

As the meeting drew to a close,15th Circuit Court District judge candidate Tony Mozingo of Purvis, commended attendees for exercising their freedom to assemble and for caring enough to show up on a holiday weekend. Tea Party Co-organizer Fite concluded the rally by telling listeners to “make a difference,” “speak out” and “bring prayer back into the open.”

Even though there were numerous speakers and the July heat was unrelenting, each speaker elicited applause from the audience and even a few verbal amens were heard.

When asked why he attended the Tea Party Rally, Marion County resident Emerson Stringer responded: “I am fed up with taxes!” Jimmie D’ Allen,a resident of Columbia, responded to the question by saying: “I wanted to show my support to Marion County and the United States. We need to get government back on track, balance the budget, consider the middle class, and get Washington to listen to us.”

Co-organizers Fite and Roberts say that they hope this will be the kick-off to forming a Tea Party chapter in Marion County and hope to have the rally on a yearly basis.

The TEA Party is a national grassroots movement that promotes limited government, free markets and fiscal responsibility.

The Columbia rally on Saturday will feature several speakers including 4^th Congressional District Libertarian candidate Tim Hampton of Hattiesburg, State Sen. Joey Fillingane, R-Sumrall, retired professor of economics Jim McQuiston of Columbia, 10^th District Chancery Court judge candidate Dawn Beam of Sumrall, 15^th District Circuit Court judge candidate Tony Mozingo of Purvis, the Rev. Ken Shinn of Marion County, TEA Party co-organizer Donna Fite, former 4^th District Congressional Republican candidate Joe Tegerdine of Petal, and Ken Knopp of the Columbia Edward Jones office.

TEA Party rallies are usually attended by protesters who disagree with the way the federal government is running the country.  Attendees of the Columbia rally are encouraged to bring homemade signs displaying their displeasure with the government. This is the second year for the Columbia rally, and it was started because many people wanted a forum to voice their opinions, said co-organizer Fite. The rally will be a peaceful protest, and law enforcement will be on hand, said Fite, who organized the rally with Kelly Roberts. Rally attendees should bring seating and beverages for themselves.

For more information visit Columbia TEA Party on Facebook or email columbiateaparty@gmail.com.

Beat 1 Marion County Supervisor Randy Dyess

By Josh Mitchell/Informer Publisher

Three Marion County elected officials announced this morning that they have switched from the Democratic Party to the Republican Party.

Those who joined the GOP are Beat 1 Marion County Supervisor Randy Dyess, Justice Court Judge Gwen Broom and Election Commissioner Charles F. Broome.

Dyess told the Marion County Informer this morning that, “I don’t feel like I left the party; I feel like it left me,” referring to recent national issues he disagrees with including health care and cap-and-trade. “I just can’t support some of the national policies,” Dyess said.

He said his decision to switch parties is not solely based on President Obama but more so on Speaker of the House Nancy Pelosi and Democrat Senate Majority Leader Harry Reid and the “party as whole.”

He noted that taxpayers are going to have to foot the bill for the programs advocated by the Democrats.  “I don’t like the direction the country is going in,” said Dyess. “Somebody’s got to pay for these projects.”

Despite his party shift, Dyess said, “I’m the same person.” He added that the majority of the people he has spoken with feel the same way he does about the Democratic Party.

He realizes that the Democratic Party may feel like he has “betrayed” them but he could no longer support the agenda. Dyess is up for re-election in 2011 and said his Beat 1 is probably the most conservative district in the county. He noted that he is now the only Republican on the Marion County Board of Supervisors.

Registered voters can sign the eminent domain petition at the Farm Bureau office on Broad Street in Columbia.

By Josh Mitchell/Informer Publisher

The government’s ability to take away private property from landowners would be greatly weakened if the Mississippi Farm Bureau Federation is successful in reforming the state’s eminent domain laws.

Farm Bureau is currently circulating petitions statewide to obtain signatures of 90,000 registered voters to put the eminent domain issue on the ballot in November 2011. Currently in Mississippi, the government can take a landowner’s property for private development or business, and Farm Bureau believes that is a violation of Constitutional rights.

If the ballot measure passes, the government could only take private property for public uses such as roads, bridges and utilities, not private development. Those who want to sign the petition can do so at their local county Farm Bureau office, which is on Broad Street in Columbia.

Farm Bureau, a non-profit organization that represents farmers and landowners, has 207,000 family memberships statewide.

The government should not be allowed to “confiscate” landowners’ property and turn it over to a private developer to make a profit, said Doug Ervin, land program coordinator for the Mississippi Farm Bureau Federation. A landowner should not be at risk of losing his property because a wealthy person wants to build something, Ervin added. When the Nissan plant was built in Canton, eminent domain was used to take away mineral rights, said Ervin.

In the landmark Kelo vs. New London (Conn.) decision, the U.S. Supreme Court in 2005 upheld that the government could take away private property for economic development. The logic behind the controversial decision was that economic development benefits the public as a whole by increasing the tax base. The Kelo decision expanded the definition of “public use” and set off protests around the country, said Ervin. Since then, 43 states have enacted eminent domain reform to “prevent such a confiscation for private use,” said Ervin.

Last year, the Mississippi Legislature was close to passing eminent domain reform that would prohibit the taking of landowners’ property for private development. The House and Senate voted in favor of the legislation, but Gov. Haley Barbour vetoed the bill, saying such a law could hurt the state’s ability to attract business. The House overrode the governor’s veto, but the Senate did not have enough votes to override.

Ervin thinks the vast majority of state’s residents oppose government taking property for private gain. In fact, Ervin said a survey was done that shows 75-90 percent of voters oppose such an “abusive” use of eminent domain.

Farm Bureau has been working with the State Legislature the past four years trying to bring about eminent domain reform to no avail, so now it is time to take the matter to the people to vote on, said Ervin. Already there have been approximately 30,000 signatures out of the 90,000 needed to get the measure on the ballot, he said. The deadline to obtain the signatures is in October, but Ervin said Farm Bureau’s goal is to have them by Aug. 1.

Over 9,000 FEMA trailers stored at this Marion County site have been auctioned off by the government.

By Josh Mitchell/Informer Publisher

Over 9,000 Federal Emergency Management Agency trailers stored on land off Highway 43 in Marion County have been auctioned off by the government.

The trailers were used as temporary housing after Hurricanes Katrina and Rita five years ago. All 9,104 trailers stored at the Marion County site were purchased by Lance Inderman for $9.1 million, according to the General Services Administration, the government agency that handled the auction. According to the GSA, the trailers must be removed from the Marion County site by September.

The GSA would not release any information on Inderman and did not know how he plans to use the trailers. Inderman could not be reached for comment. Inderman had to sign a waiver saying he would not use the trailers for housing.

The government found that there were significant levels of formaldehyde in many of the more than 100,000 FEMA trailers provided to hurricane victims. Formaldehyde was used to make the wood products in the trailers and is a carcinogen.

Steven Palazzo- Fourth Congressional District Republican nominee

By Josh Mitchell/Informer Publisher

Steven Palazzo of Biloxi has reportedly defeated Joe Tegerdine of Petal in Tuesday’s Fourth Congressional District Republican primary election.

Pickens Mayor Joel L. Gill has reportedly won the Third Congressional District Democratic primary, defeating Shawn O’Hara of Hattiesburg and James D. Jackson of Brandon.

Marion County is divided between the Third and Fourth Congressional Districts, with the city of Columbia in the Fourth.

Palazzo, a state representative, CPA and veteran, will now face Democrat incumbent Gene Taylor of Bay St. Louis in the November general election. Gill will face incumbent Gregg Harper of Pearl in the general election.

Palazzo also won in Marion County, receiving 70.3 percent of the votes here, compared to Tegerdine’s 29.7 percent, according to unofficial election results. Affidavit votes will be counted Wednesday morning at the Marion County Courthouse.

Marion County Deputy Circuit Clerk Julie Nibert confers with Circuit Clerk Jesse Loftin as votes are counted.

In Marion County, voter turnout for the Fourth District race was low with only 431 ballots cast out of approximately 10,298 registered voters.

In the Third District race Jackson came out on top in Marion County with 46 percent of the vote; Gill 28 percent; and O’Hara 25.5 percent.

In Marion County, there were only 200 votes cast in the Third District race out of  approximately 6,742 registered voters.

Marion County Circuit Clerk Jesse Loftin said there were two voting machines in the White Bluff precinct that lost power today. Voters there had to cast votes by paper ballot because of the problem. Loftin said the malfunction with the voting machines was apparently electronic in nature. There was only one vote cast before the machines went down, Loftin added.

Prior to the election, Lofin predicted a low voter turnout. “There was not a lot of exposure by the candidates,” Loftin noted. “Normally when there is only one race on the ballot you generally don’t have a very large turnout.”

Marion County Republican Party Chairwoman Dawn Carter, left, Democratic Party Chairman Sherman Robbins, center, and Beat 2 Election Commissioner Van Lowry count votes.

Marion County Poll Managers bring in their prencint ballot boxes. From left, Sabrina Peak, James Robbins, Jack Watts, Charlotte Pennell, Carrie Whitehead, and Shana Holmes.

Steven Palazzo- Republican candidate for Mississippi's Fourth Congressional District

Joe Tegerdine- Republican candidate for Mississippi's Fourth Congressional District

Polls opened at 7 a.m. this morning and will remain open until 7 p.m. for the primary election. Congressional elections are the only races on the ballot. Voters in District 4 will vote in the Republican primary between Steven Palazzo of Biloxi and Joe Tegerdine of Petal. The winner of that race will challenge 20-year Democrat incumbent Gene Taylor of Bay St. Louis. There is a Democratic primary in District 3 between Joel L. Gill of Pickens, James D. Jackson of Brandon and Shawn O’Hara of Hattiesburg. The winner of that race will face Republican incumbent Gregg Harper of Pearl in the general election. The Marion County Informer will report election results when they become available.