A second investor accused of bribery

Oh, the hell with it. I’m going to keep posting on the Middleborough casino as long as there’s news to report. And there is: The Cape Cod Times’ Stephanie Vosk tells us that yet another investor has run afoul of the law.

Vosk points to a 1997 story in the Detroit Free Press, which found that, 20 years earlier, casino developer Herb Strather paid a $500 fine and performed community service as punishment for offering a police officer a new pair of shoes in return for special consideration on a drunken-driving arrest. You can’t make this stuff up.

Yesterday, of course, we learned that investor Sol Kerzner was accused of bribing a South African government official in 1986 in connection with a casino deal there. Kerzner was not convicted, and the charge was later dropped.

Meanwhile, Peter Kenney keeps beavering away on Cape Cod Today as he attempts to track $675,000 in Wampanoag money used by disgraced former tribe leader Glenn Marshall to buy a horse stable in Mashpee.

Finally, I’ve got a commentary on all this in today’s Providence Journal.

My standard disclosure.

Frank talk about Larry Craig

I’ve been casting about for a point of entry into the Larry Craig controversy. Today, U.S. Rep. Barney Frank gave me one. In an interview with Robin Young on WBUR’s “Here and Now” — most of which was about the mortgage crisis — Frank explained (fast-forward to 14:25) why he didn’t think Craig should resign:

Well, I condemn his hypocrisy, and I think the hypocrisy is a valid reason for people not to vote for him. I think that when you set yourself up to make rules for people and then don’t follow them yourself, you’re committing a very grave error, and that’s a reason not to vote for you. But when you’ve been elected, it seems to me you serve out the term unless you have been shown to be misusing your office.

Look, we have a senator from Louisiana, Senator [David] Vitter, who has acknowledged that he was patronizing this prostitution ring. People haven’t asked for him to resign. Now, I don’t think people should be soliciting sex in public bathrooms, and I certainly don’t think people should be hypocrites. But we’re not talking now about somebody who shot someone, or bodily injured someone, and the fact is that comparable infractions among heterosexuals haven’t led to demands to resign.

Frank went on to observe that Craig is up for re-election next year, and that he assumed Craig would either not run or would be defeated in a Republican primary.

A lot of good sense there. Not that it matters — it looks like Craig will be gone by the end of the day.

Menino’s and/or the Globe’s faux pas

Sharp-eyed Media Nation reader R.S. passes this along, from Boston Globe columnist Adrian Walker’s piece on the fire in West Roxbury that claimed the lives of two firefighters:

“They always put their needs before our own,” Mayor Thomas M. Menino said at a press conference. “But it doesn’t make it any easier to deal with the tragedy.”

R.S.’s take: “I wouldn’t be surprised if Menino said it, but Walker and the Globe copy editors thought it was OK???”

Not OK.

Saturday afternoon update: Given the amount of interest sparked by this item, I went searching for video of Menino speaking. No luck so far. For what it’s worth, the city’s official Web site has Menino saying that “they always put our needs before their own.”

A couple more drips

Yes, I know I said I was going to try to hold off on the daily updates, but it just keeps on coming, doesn’t it?

The Cape Cod Times today moves the focus of the story up to where it really belongs: on the Big Money folks behind the plans to build a casino in Middleborough. Stephanie Vosk reports:

Sol Kerzner, one of the top investors for a proposed Mashpee Wampanoag casino, was accused in 1986 of bribing a government official in South Africa to obtain exclusive gaming rights.

Kerzner was never convicted and the charge was dismissed in 1997, but it has followed him each time he has tried to back a casino, both here and abroad.

Gov. Deval Patrick, who may or may not have already made up his mind about casino gambling, needs to understand that this is what life is going to be like if he says “yes.” Tribal leaders resigning in disgrace; hazy ties to imprisoned sleazeballs like Jack Abramoff; unproven charges against shadowy financiers; and a constant drumbeat of questions for elected officials about how much they knew, and how much they should have known. Is this really what you need, Governor?

Also, Steve Bailey has a terrific column in the Boston Globe. A highlight: “This has always been less about sovereignty than about the rush by the tribe and its deep-pocketed financial backers, just as elsewhere around the country, to cash in on the Indian Gaming Regulatory Act, one of the worst pieces of legislation ever to come out of Congress.” Yes indeed.

Update: The Times’ George Brennan reports on another member of the Mashpee Wampanoags — Maurice Foxx, chairman of the state’s Commission on Indian Affairs — whose bio had once falsely claimed he’d served as a Marine in Vietnam. Foxx says he’s not sure how the bogus information ever made it into the record. Funny how that happens.

My standard disclosure.

The casino just got deader

Since I already believed the Middleborough casino was dead, I suppose it would be silly of me to argue that it somehow got deader today. But it did.

The Enterprise of Brockton and The Standard-Times of New Bedford report that the Pokanoket Wampanoag tribe, based in Rhode Island, has sent letters of protest to Gov. Deval Patrick and the federal Bureau of Indian Affairs contending that the proposed Middleborough pleasure palace — which would be operated by the Mashpee Wampanoags — encroaches on their own tribal lands.

The Pokanoket are seeking federal status as a tribe, which the Mashpee won earlier this year. If the Pokanoket succeed, I think we can assume that the lawsuits will start flying.

Kyle Alspach writes in The Enterprise:

Clyde Barrow of UMass-Dartmouth said the Bureau of Indian Affairs will definitely take the claims into consideration.

At the very least, this will add extra time to the approval process, he said.

“The BIA will have to determine whether or not [the claims] are accurate,” said Barrow, who studies casinos through his Center for Policy Analysis.

So what about it? Do the Pokanoket and Mashpee lands overlap? Here is David Kibbe, writing in The Standard-Times:

Last year, legislation was filed in the Rhode Island General Assembly supporting their [the Pokanokets’] recognition. The bill said the tribal community “has existed in the vicinity of their ancestral lands in North-Central and Eastern Rhode Island and Southeastern Massachusetts since prior to the first European contact…. The Pokanoket Tribe of the Wampanoag Nation entered into treaties and warred with the colonial governments, in particular the Great New England War of 1675-1676 aka the King Philips War.”

Middleborough, in case you didn’t know, was a major battleground in King Philip’s War.

My standard disclosure: I’ll be making an unpaid speaking appearance at a fundraiser this fall for Casinofacts.org, an anti-casino group based in Middleborough.

Today’s casino update

Except for major developments, this should be the last one for a while.

  • The video from yesterday’s “NewsNight” is now online.
  • The Cape Cod Times interviews new tribal chairman Shawn Hendricks. More to the point, the paper reports that about 150 dissident tribal members are moving ahead with an effort to recall the entire leadership, including Hendricks.
  • According to the Boston Daily blog, the casino money guys never did a background check on disgraced former tribal chairman Glenn Marshall. According to the Times, they won’t do one on Hendricks, either.
  • Peter Kenney has a moving account of Monday night’s tribal meeting, and of the return to the fold of the five members whom Marshall had ordered “shunned.”

Finally, Steven Bingham, a formerly shunned member who is adopting a high profile in the wake of Marshall’s implosion, says something very intriguing, according to The Enterprise of Brockton. Reporter Alice Elwell writes:

He said the federal land trust for a reservation could be in jeopardy if any illegal acts are uncovered.

“Everything has to be questioned at this point,” Bingham said.

Bingham said he does not want to stop a casino, but the contract with Middleboro only benefits the investors, “not the tribe, not Middleboro.”

Presumably nothing can be done about that without voiding the agreement with Middleborough and starting over. Isn’t that interesting?

Update: I missed this, but Bingham has already said that if the recall of tribal leaders succeeds, the agreement with Middleborough is null and void. And let’s not forget that three of the five selectmen are facing recall next month.

A disclosure: I’ve accepted an invitation to speak at a fundraising event being organized by Casinofacts.org, the anti-casino group in Middleborough. It hasn’t been scheduled yet, but I thought I should disclose that immediately. For the record, there’s no speaking fee.

A victory for free speech

Tufts University president Lawrence Bacow deserves a lot of credit. Earlier this week, he issued a ringing endorsement of freedom of speech on campus by reversing the punishment that had been handed out to a conservative student publication by a faculty-student committee.

According to the Boston Globe, Bacow overturned a decision that required editors of The Primary Source to put bylines on all articles and editorials. Unfortunately, he left in place a ruling that the publication had engaged in “harassment” and “creating a hostile environment” by running racially insensitive materials. But that’s symbolic. Anonymous speech, on the other hand, is a crucial right.

I wrote about the Tufts case in the Phoenix’s “10th Annual Muzzle Awards” earlier this summer, picking up on previous work by Harvey Silverglate and Jan Wolfe. There’s no question that The Primary Source’s sins against political correctness — which began with the editors’ publishing a mock Christmas carol called “O Come All Ye Black Folk” — were demeaning and sophomoric. But so what?

As the Tufts Daily editorialized at the time:

[H]olding others accountable must not mean threats, either implicit or explicit, of censorship; it must not mean tying funds to “behavior”; it must not mean dictating the style, format or attribution of content. The freedoms we treasure are most honored when we hold others accountable through words of our own, through debate and through the preservation of an open forum for ideas — even ideas we find objectionable.

Offended students were free to ignore The Primary Source, organize a protest or start their own publication. What they should not have done was haul the editors before a disciplinary committee, hector them and approve official sanctions against them. Bacow, at least, recognizes that.

Update: Silverglate and Wolfe praise Bacow for reversing the “no anonymity” provision, but criticize him for allowing the “harassment” finding to stand. They write: “An ominous sword of Damocles still hangs over the head of any Tufts student who wishes to make a social or political point by making fun of someone. Colleges need to learn that poking fun at a sacred cow doesn’t always mean the poor animal’s being harassed.”

Robert Dushman

Robert Ambrogi’s Media Law blog passes along word that First Amendment lawyer Robert Dushman has died of lung cancer. Dushman, just 59 years old, was considered one of the country’s leading media lawyers, according to this obituary (PDF) from the New England Press Association.

Dushman represented the Boston Herald in the libel case brought by Superior Court Judge Ernest Murphy. The two most impressive people in the courtroom during the 2005 trial were the lead lawyers, Dushman and Howard Cooper, who represented Murphy. Dushman had the harder task — a tough case and an unsympathetic client.