A Muzzle Award goes to an R.I. city councilor who threw a critic out of the chambers

The Providence Journal’s Antonia Noori Farzan reported last month that a land transfer to Donna Travis, a member of the city council in Warwick, Rhode Island, had come under scrutiny, with the new leaders of a group that gave Travis the land raising questions about possible improprieties. Travis denied any wrongdoing.

It wasn’t the first time that Travis’ behavior had come under scrutiny. Back in 2017, she admitted she’d violated the state’s ethics code and paid a $1,200 fine. According to the Journal’s Carol Kozma, Travis’ case stemmed from her mixing her roles as a city official and as an executive at local nonprofit organizations. (I was able to access Farzan’s story through my USA Today subscription, but the process is convoluted and I don’t have a working link.)

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What brought this to my attention is what happened next. At a July 17 city council meeting, a Warwick resident named Rob Cote — identified by Rob Borkowski of the Warwick Post as a “frequent city critic” — was escorted out of the council chambers by a uniformed police officer after he had the temerity to wave a copy of the Journal at the council members and say, “First, I’d like to congratulate Councilwoman Donna Travis. Another front page of The Providence Journal.”

According to the Post and to a video of the proceedings rebroadcast on WPRI-TV (Channel 12), Travis immediately interjected that Cote would be thrown out if he failed to restrict his comments to matters involving city government.

Cote: “This is about city government.”

Travis: “Stick to a topic about city government or else you’ll be escorted out.”

Cote: “This is about city government. It’s actually mentioned about the Warwick City Council.”

Travis: “Did you hear what I just said?”

After telling Travis that the ACLU would hear about her attempts to squelch him, Cote was led out of the building. And sure enough, the ACLU of Rhode Island has gotten involved, writing a letter in conjunction with the New England First Amendment Coalition in which they “call upon the Council to reassure the public that this type of response will not be repeated and that residents will be free to speak at future meetings on matters involving city government without fear of being silenced.”

For her censorious efforts to shut down public discussion of an issue involving city government, Donna Travis has earned a New England Muzzle Award.

Now, let me tease out a few of the nuances here. As noted in the ACLU-NEFAC letter, signed by Steven Brown, executive editor of the ACLU of Rhode Island, and Justin Silverman, executive director of NEFAC, the city of Warwick imposes certain restrictions on members of the public who wish to speak at governmental meetings. One is that their comments pertain to issues “directly affecting city government.” But as the letter notes, Cote was shut down barely before he could get a word out, and, in any case, the property dispute involving Travis was “clearly a topic of public concern.”

In addition, the letter notes that Travis told the Warwick Beacon “it was the unwritten practice of the City Council not to allow ‘personal attacks’ during the public comment period.” Brown and Silverman respond that, “leaving aside the impropriety of relying on an ‘unwritten’ policy to censor the speech of a member of the public, any such policy itself is just as problematic from a First Amendment standpoint. In fact, courts have often struck down such restrictions as a violation of the public’s free speech rights.”

The other nuance I want to bring up is that the lack civility at local public meetings has become a real problem, making it difficult for elected officials to conduct business and driving some of them out of government. We’ve all seen televised school committee meetings at which out-of-control members of the public start screaming about critical race theory, transgender issues, vaccines or whatever. It can be difficult to know where to draw the line. Earlier this year, the Massachusetts Supreme Judicial Court ruled that local officials had gone too far in silencing a woman who twice called a select board chair “a Hitler.”

In the Warwick case, though, Cote comes across as polite, if sarcastic, and ready to talk about a matter of considerable public concern.

Travis might also consider the Streisand effect. Few people would know about the property dispute if she hadn’t tried to silence Cote. All around, it was a pretty sad performance by someone who was elected to act in the public’s best interest.

Correction: This post originally said that Travis was “led out of the building.” It was, of course, Cote.

The Globe fires back against its ex-president, claiming his spending was out of control

Vinay Mehra (via LinkedIn)

Boston Globe Media Partners has fired back against its former president Vinay Mehra, who sued the company in June over what he claimed was $12 million in compensation that he is owed in lost commissions, wages and other compensation. The Globe’s answer, filed Wednesday in Suffolk Superior Court, goes beyond the usual dry denial of Mehra’s charges to offer a rather vivid account of its own allegations against Mehra. It begins by claiming that the Globe …

… terminated Vinay Mehra’s employment [in June 2020] for cause for repeated instances of poor judgment (or worse) with excessive, unauthorized, and inappropriate spending of the Globe’s money. Unable to resist the temptation to spend corporate money for his own benefit, Mehra repeatedly used his corporate credit card or else spent company money to run up extraordinary expenses that offered no benefit to the Globe. At first, Mehra acknowleged the Globe’s objections to these abuses, and promised they would not recur. But they did recur, and Mehra eventually simply stopped even attempting to justify them.

According to the answer, filed by the Globe’s lawyer, Mark W. Batten of Proskauer Rose, Mehra:

  • Leased a car for $23,000 without authorization shortly after he was hired in 2017.
  • Spent “hundreds of thousands of dollars” on consultants without seeking approval from ownership.
  • Spent $45,000 on a two-year subscription to Bloomberg Financial, accessible only to him and “with zero discernible benefit to the company.”
  • Racked up some $400,000 on his corporate credit card without approval, spent Globe funds to attend the 2019 Super Bowl with no benefit to the Globe, and mischaracterized a charitable endeavor related to COVID-19 that primarily benefited a hospital connected to his wife.

The narrative section of the Globe’s answer concludes by alleging that, after repeated offenses, “it became clear that his behavior could not, and would not, stop” and that “the breach had at last become irreparable.”

On Thursday, the Globe’s Larry Edelman reported on the Globe’s answer and quoted Mehra’s lawyer, David W. Sanford, as saying: “The Boston Globe’s accusations are false and a jury that will hear this case eventually will understand them to be false…. The hard work of the litigation begins now with discovery, and discovery will show Vinay is right.”

Before coming to the Globe, Mehra held high-level corporate positions at Politico and, before that, GBH in Boston.

Judy Woodruff takes on the local news crisis

Earlier this week Judy Woodruff of the “PBS NewsHour” reported on the demise of The Canadian Record, an independently owned weekly newspaper that served the community of Canadian, Texas. Woodruff hits on themes familiar to readers of this space, including the loss of more than 2,000 newspapers in recent decades as well as the rise of polarization and the decline in voter turnout, both of which are related to a lack of reliable news and information at the local level.

The news from Canadian turns out to be not quite as grim as most of the story would suggest. We learn toward the end that publisher Laurie Brown and others continue to post occasional stories to the website and to the Record’s Facebook page, and that she’s currently seeking a buyer for the paper. But it’s certainly grim enough, as neither she nor her contributors are getting paid.

As optimistic as I am about the future of local news, there are parts of the country that are just hard. Places like Canadian, a small town in the rural Texas Panhandle, are especially difficult, as they lack the population base to sustain a news outlet now that most advertising has migrated to the internet. Such places also frequently lack the social capital needed to launch a nonprofit news organization.

I hope the Record finds a buyer, although, if she does, the new owner is going to face exactly the same kinds of challenges that proved insurmountable for Brown.

The worst thing Ron DeSantis has ever said

Why isn’t this getting more attention? “Slitting the throats” of “deep state” federal bureaucrats? In better times, DeSantis would have been forced out of the race. (Free link.)

The two largest federal employee unions on Thursday denounced Florida Gov. Ron DeSantis’s recent vow that as president he would “start slitting throats” in the federal bureaucracy — the latest escalation in intensifying Republican attacks on government operations they want to slash or eliminate.

DeSantis, whose campaign for the GOP nomination has included promises to downsize agencies and fire bureaucrats, made the comments this weekend in New Hampshire while criticizing the “deep state,” echoing a term regularly used by former president Donald Trump to deride Washington.

Why I’m not excited that Jeffrey Goldberg will host ‘Washington Week’

Jeffrey Goldberg, left, interviews then-Secretary of State John Kerry. Photo (cc) 2016 by the Brookings Institution.

I can’t say that I’m a fan of PBS’s “Washington Week,” even though its recently departed moderator, Yamiche Alcindor, is someone for whom I have a lot of respect.

When I’ve watched, which has not been often, it has struck me as being obsessed with political gamesmanship to its core. An elected official could call for executing anyone caught wearing green pants, and the panel would chew over the political implications rather than the outrageousness of the proposal itself. The questions and answers come across as rehearsed.

So I don’t care all that much that Alcindor’s successor will be Jeffrey Goldberg, the editor-in-chief of The Atlantic. Is it a mistake to follow Alcindor with a late-middle-aged white guy of moderately liberal views? Yes, it is a mistake. But I don’t imagine things will change all that much.

The show will be renamed “Washington Week with The Atlantic.” The PBS press release says that The Atlantic will become an “editorial partner” along with the “PBS NewsHour” and WETA, but it sounds like The Atlantic will not be involved in the actual production. Goldberg’s announcement makes no mention of the possibility that The Atlantic will have a greater presence on the program.

The one positive I can think of is that, at a time when the thrice-indicted Donald Trump is threatening the very future of our democracy by running for president on an explicitly authoritarian platform, it’s notable that The Atlantic has been fierce and unstinting in its commentary on Trump and Trumpism. So I guess we’ll see how that plays out on Friday nights.

The Trump indictment shows once again why we owe Mike Pence a debt of gratitude

Mike Pence. Photo (cc) 2016 by Gage Skidmore.

There is no shortage of commentary about the indictment of Donald Trump on charges that he tried to overturn the 2020 election. So I want to spend a few moments taking a look at Mike Pence. In reading the 45-page indictment last night I was struck, once again, at how decently and courageously Pence acted when faced with the greatest challenge of his public life.

I can’t understand why liberals and conservatives are so reluctant to give him any credit, blowing past his actions on Jan. 6, 2021, and focusing instead on his previous eight four* years as an obsequious Trump toady and his status as a theocratic right-wing extremist. That’s fine. He deserves that criticism. But before and during the insurrection, Pence acted with moral courage, telling Trump repeatedly that he would follow the Constitution by certifying Joe Biden’s victory, and with physical courage, refusing to flinch after Trump whipped up an enraged mob that surely would have killed him if given the opportunity.

“You’re too honest,” Trump reportedly told Pence on Jan. 1 after learning that Pence would not reject or return to the states electoral votes that had been properly cast.

If you’re not inclined to give Pence his due, think about what would have happened if he’d gone along with Trump’s corrupt scheming and Trump had attempted to remain in office. As one administration official is quoted as saying, there would be “riots in every major city in the United States.” To which Co-Conspirator 4 (identified as Justice Department official Jeffrey Clark) is said to have replied, “Well, that’s why there’s an Insurrection Act.” And there you have it: Troops in the streets, gunning down members of the public in order to keep Trump in office.

We all owe Mike Pence a debt of gratitude.

• We are already hearing a lot of misguided commentary that special counsel Jack Smith will need to prove that Trump knew he was lying about the outcome of the election in order to show that Trump committed the crimes with which he has been charged. For instance, David French of The New York Times, an anti-Trump conservative and lawyer whose analysis I have come to rely on, nevertheless gets it wrong when he writes:

There’s little doubt that Trump conspired to interfere with or obstruct the transfer of power after the 2020 election. But to prevail in the case, the government has to prove that he possessed an intent to defraud or to make false statements. In other words, if you were to urge a government official to overturn election results based on a good faith belief that serious fraud had altered the results, you would not be violating the law. Instead, you’d be exercising your First Amendment rights.

I don’t think that’s right. Regardless of whether Trump believed he’d been a victim of voter fraud, it’s indisputable that he knew Biden had been declared the winner. Trump’s beliefs did not give him the right to put together slates of fake electors, which the indictment devastatingly describes as morphing from a semi-legitimate contingency plan into a flat-out attempt to dislodge the real electors. And it surely did not give him the right to foment a violent insurrection.

In any case, the indictment is full of evidence that Trump was told over and over, by his own officials, that he had lost the election, and that he continued to lie about it publicly. Even if French is right, I don’t think Trump’s state of mind should pose much of an obstacle.

• Did Rudy Giuliani, a.k.a. Co-Conspirator 1, sing like a canary or what?

• We need to understand what we’re living through. The president of the United States staged a violent insurrection with the aim of staging a coup in order to remain in office, and, if the polls are to be believed, about 43% of voters would still like to return him to that office. Tuesday was an important day for accountability, but this country remains on the brink of falling into right-wing authoritarianism. None of us know whether we’re going to get through this or not. God help us all.

*Correction: It only felt like eight.

The Mystic Valley Charter School, winner of a 2017 Muzzle, is back to its old tricks

Attorney General Andrea Campbell. Photo (cc) 2022 by Dan Kennedy.

The Mystic Valley Regional Charter School — recipient of one of the all-time most outrageous New England Muzzle Awards back in 2017 — is in trouble once again, this time for its insistence on conducting the public’s business behind closed doors. Adam Gaffin of Universal Hub reports that state Attorney General Andrea Campbell’s office has asked a judge to order that the taxpayer-funded school produce public documents it has refused to hand over despite requests at the local level as well as repeated demands by Secretary of State Bill Galvin.

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School officials claim they do not have to comply because Mystic Valley, based in Malden, doesn’t meet the definition of a “public school,” even though state law specifically describes charter schools as such. In any case, they say they won’t produce the records until a judge orders them to do so, notwithstanding the fact that the state public records law empowers the secretary of state to enforce the law.

The records, sought by Malden News Network, a local journalism outlet; Commonwealth Transparency, an advocacy group; and Malden mayoral candidate Lissette Alvarado cover a wide range of issues, including payroll, contracts, conflicts of interest, accountings of school income, copies of emails, and documents regarding Boston Globe stories about the school.

Now, to get back to that 2017 Muzzle Award from GBH News. During the 2016-’17 school year, Mystic Valley administrators began enforcing a dress-code prohibition against hair extensions, worn most often by Black female students. After parents complained about the clearly racist policy, school officials doubled down, leading to reporting by The Boston Globe and other news organizations. Yet the school refused to back down until then-Attorney General Maura Healey intervened.

That stiff-necked refusal to acknowledge its own wrongdoing obviously hasn’t changed over the years. When a judge finally orders the school to produce public documents, it will be interesting to see whether Mystic Valley complies — or if, instead, its administrators decide the judge somehow improperly claimed jurisdiction, or was wearing the wrong-colored robe or something.

If you want to read the full complaint, Adam’s posted it at the link above. The Boston Globe reports on Campbell’s lawsuit here. And Malden News Network has posted an item on its Facebook page.

Former Globe editor Matt Storin looks back 50 years after a horrific plane crash

Fifty years ago Monday, a Delta airliner crashed at Logan Airport, killing 88 of the 89 people on board; the only survivor died several months later. The Boston Globe reports on how the families of the victims are getting by those years later. Below is an email I received from former Globe editor Matt Storin on what it was like to cover those tragic events — and how the accident and its aftermath changed the rules of media access.

I was city editor at the time and when we learned of the crash, we of course scrambled everyone available. Some reporters were dispatched to hospitals (to no avail, since there was only one survivor that day), and others were sent to Logan. We even looked into chartering a boat to have [photographer] Bill Brett arrive by crossing the bay. But this wasn’t necessary. Unlike any other airline tragedy I’ve seen covered, there was no attempt by Logan officials to secure the crash site from the press. Our photographers got ON THE RUNWAY even as first responders were working. You wouldn’t believe some of the photos, bodies shown still in their seats (as I recall there were no signs of injuries from fire). Of course we didn’t publish those, but the ones we did publish were shot from short distances. I noted that today’s Globe story did not include a photo of the Aug. 1 morning paper. I wondered if there was a feeling that the photos would be too painful even at this late date.

I thought we did a good job of coverage. John Burke came in from the North Shore and assembled his team of suburban correspondents. They worked diligently through the late afternoon and early evening to get the list of victims with, where possible, bio information. To this day I’ve never forgotten what they accomplished on deadline. But to give you an example of how close our reporters got, I received a call on the city desk that evening from someone at the Pentagon. One of the deceased had been a Navy intelligence officer traveling with classified documents. They somehow knew that one of these documents had been picked up by Frank Mahoney, one of our reporters on the scene. Frank had not mentioned anything to us about this. When I called him at home, he confirmed that he had the document. I believe we got it into the right hands the next morning. I never inquired about what was on it. Under the circumstances, especially since we should have reported the find to the authorities, I decided not to draw any further attention to what happened.

As memory serves from half a century ago, I believe that within weeks Logan Airport advised news media of new guidelines for covering any incidents at the airport. Reporters and photographers were advised they should report to a media center in one of the terminals.

This is probably of little interest today, but today’s story brought back memories…. I’m not sure what happened to those shocking photos but I have a vague recollection of ordering that they be destroyed. In light of the lawsuit in the Kobe Bryant case, that would have been prudent.