Frank R. Pignanelli and LaVarr Webb: The storms battering society and the political world

Meteorologically (yes, it’s a big word for us), the tornado and hurricane seasons are over. Politically, all sorts of man-made tempests are battering the nation's capital and all of society. We explore the impact on Utah politics.

Americans have been inundated with reports of sexual harassment and assault by nationally known leaders in the entertainment, political and news industries. Is this a short-lived controversy or will there be spillover effects on campaigns and politics — even in Utah?

Pignanelli: "Intimidation, harassment and violence have no place in a democracy." — Mo Ibrahim

Politicos love to disparage Hollywood types as clueless and unattached from reality — incurring little disagreement. Now, boastful commitments to “human rights” made by entertainment leaders are blemished by their participation in, or complicity with, awful behavior. Those who tried to halt such atrocities were exiled. (My sister filed a successful sexual harassment lawsuit against a business partner of Harvey Weinstein, and was rewarded by banishment from the industry.)

Thankfully, recent actions by courageous female sufferers has forever redrawn the lines of behavior — that will spill into politics. Disparity of power prevents practical consent to sexual activities between a boss and his employee. Even among peers, unsolicited and refused amorous conduct will no longer be tolerated. Violators of the new norm risk exposure.

The "outing" of offenders will significantly impact national and Utah political activities. For too long (as I witnessed firsthand) left-wing and right-wing organizations enthusiastically supported officials, candidates and activists despite verified documentation of their outrageous behavior. What I usually heard was "We know [so-and-so] is a real monster, but he/she is so great on our issues." Such nonsense ends.

The cinematic world can claim real, not imaginary, results. Dozens of their brave women, not muscled superheroes, delivered actual justice to society.

Webb: The days of locker-room antics and boys-will-be-boys attitudes that have victimized women with impunity are hopefully over, or nearly so. And it’s about time. As the brother of five sisters, father of five daughters and husband of one wife (for more than 40 years), I’m happy to see the creeps feel what it’s like to be harassed via media exposure.

This spectacle of women coming forward and powerful men apologizing, backpedaling and being defensive actually demonstrates real societal progress. For decades, vulgar behavior has mostly been brushed off. Women, to their credit, aren’t standing for it any longer, and that’s a positive development.

This story isn’t ending anytime soon. Too many women have been victimized over too many years, and they finally feel safe coming forward. Sexual harassment is always bad, but is especially so when women are in vulnerable situations, at the mercy of a boss or someone who can exert influence over their lives. It has occurred and continues to occur among all segments of society, but especially among men with money, power and fame who think they can get away with anything. Expect more revelations.

With Republicans having failed to repeal and replace Obamacare, the current storm thrashing Washington is tax reform. Will it happen or not? What's the impact on local politics?

Pignanelli: Please excuse the hyperbole, but failure to pass the tax reform package could wreak political disaster for all Americans as the remaining nominal faith in government institutions disappears. Steve Bannon and his dark army will be empowered and thereby target incumbent moderate Republicans (including members of the Utah delegation). The stock market will likely tumble and investment by corporate America collapses. Democrats need to work with rational Republicans to develop something workable — because the message to Americans is imperative.

Webb: The nation’s convoluted, economy-distorting, growth-depressing tax structure badly needs reform and simplification. But it’s going to be incredibly difficult. Real reform means eliminating tax breaks and exemptions in the face of an army of lobbyists and business groups, and really all of us, who benefit from some of them.

There will be winners and losers. With billions of dollars on the table, the losers won’t readily surrender.

Utah Sen. Orrin Hatch is smack in the middle of tax reform, trying to do what’s right for taxpayers and the country. It could be a signature achievement in Hatch’s 42-year career and allow him to retire at the pinnacle of legislative achievement.

I’m going to be optimistic and say it gets done.

President Donald Trump suffers historically low disapproval ratings. Yet a majority of Republicans are sticking with him. Any impact on Republicans in Utah?

Pignanelli: Despite the giddiness of Democrats and anti-Trumpsters, current disapproval ratings will mean nothing if the economy is in good shape in fall 2018. Thus, just being against Trump is not a winning platform for Democrats and GOP moderates. The distance between local politicians and the president will depend upon the economic dynamic.

Webb: Republicans, including those in Utah, have no choice but to hang with Trump — and it’s the right thing to do. If Trump goes down, then leftist Democrats win, along with their agenda of bigger government, higher taxes, overbearing regulations and less freedom and individual responsibility.

We could write a library of books about Trump’s flaws. But the alternative is worse.

Frank R. Pignanelli and LaVarr Webb: Politicians will be stylin’ on Halloween night

Pignanelli and Webb: By tapping into our usual reliable sources — CIA black ops, witch doctors, Fox News contributors, invasive drones, the investigators behind the Clinton-inspired Trump dossier, fortune tellers, the Dark Web, satellite imagery, WikiLeaks, the mafia (some of Frank’s relatives), the John Birch Society (some of LaVarr’s relatives), Twitter analytics, Utah lobbyist gossip (started by Frank) and faith-promoting Mormon rumors (started by LaVarr) — your columnists are able to reveal what key politicos will be (or should be) wearing on Halloween night.

President Donald Trump ordered White House staff to prepare an Armani Superman costume. He is confident he can defy political gravity, leap tall political hurdles and walls in America, despite the odds against him. So far, the Democrats and news media have failed to find enough Kryptonite to stop him.

Gov. Gary Herbert will be Willy Wonka. He loves to give tours explaining all the treats Utah can offer.

Secretary of State Rex Tillerson, Defense Secretary Jim Mattis and Chief of Staff John Kellywill be out on the streets trick-or-treating as the Power Rangers, “Keeping America from Chaos.”

Far-right nationalist Steve Bannon will be dressed as the “It” Clown — only he’s a lot scarier.

Vice President Mike Pence will also dress up as a clown — one of those with a shovel and wheelbarrow at the end of a horse parade — cleaning up the messes that spill out of the While House.

Lt. Gov. Spencer Cox will be sporting a Gary Herbert mask because he enjoys having people say, “Hi, governor,” if even for a few hours.

Former Congressman and Fox News analyst Jason Chaffetz will trick-or-treat as Ron Burgundy — The Legend. A television newsman with personality.

Congresswoman Mia Love is dressing up as “Game of Thrones” queen Daenerys Targaryen because she overcomes all odds and has the political equivalent of dragons-high approval ratings.

Salt Lake County Mayor Ben McAdams is trick-or-treating as the Incredible Hulk because he will need to transform from mild-mannered Bruce Bannon into a muscular giant for the tough congressional race.

Utah Democratic Party Chair Daisy Thomas will rather appropriately represent her party as a zombie — not entirely dead but not fully alive.

Utah Republican Party Chair Rob Anderson will rather appropriately represent his party as a penniless hobo.

In deference to the recent natural disasters, Utah Senator Curt Bramble will not be dressing up in his usual tornado/hurricane outfit, but will appear as the Energizer Bunny.

Hillary and Bill Clinton will be dressed as an aging Ken and Barbie couple that doesn’t know when to exit the stage. They are the perfect couple that does not make mistakes or need to apologize, and everyone else is to blame.

Attorney General Sean Reyes will be Dick Tracy, fighting crime with technology and keeping legal opinions hidden from pesky legislators.

Congressman Chris Stewart will be the brave, shy, patriotic soldier Captain America.

Mitt Romney will be the Night King from "Game of Thrones" because “Romney is Coming.”

Sen. Jeff Flake will be a kamikaze pilot, going down in a blaze of glory, taking one for the team.

Sen. Bob Corker will be Dr. Phil, offering forensic psychiatric analysis, especially on a certain president.

Sen. Orrin Hatch is the Wizard of Oz — or rather the man behind the curtain —manipulating the fate of Utah’s 2018 Senate seat.

House Speaker Greg Hughes will toss away his Genghis Khan costume and instead don the humble robe and sandals of Mother Teresa, but with one fashion accessory — boxing gloves — as he deals with homelessness in Salt Lake City.

Senate President Wayne Niederhauser is Yoda again this year. Unassuming but definitely in control of his environment is he.

This column once described him as “The Force," so it's only natural that State Auditor John Dougall will be costumed as Darth Vader as he continues to strike terror in small government agencies.

Salt Lake County Council member and U.S. Senate candidate Jenny Wilson is Dorothy, awaiting many perils as she travels down the yellow brick election road.

Former State Sen. Pat Jones, CEO of the Women’s Leadership Institute, will be Wonder Woman as she fights to elevate the numbers and stature of female leadership in Utah.

Sen. Mike Lee is Thor, using his hammer to smash any incidents of unconstitutional behavior.

Congressman Rob Bishop will dress up as James Madison, author of the 10th Amendment and the foremost champion of balanced federalism among the Founders.

House Minority Leader Brian King will be Wyatt Earp, eager to confront Republican rascals.

Senate Minority Leader Gene Davis wants to trick-or-treat as Confucius, stroking his beard as he offers wisdom on Medicaid expansion.

Pignanelli and Webb will be dressing as favorite potted plants, reflecting both their intelligence and personality.

Frank Pignanelli & LaVarr Webb: Why so many ballot measures, and which will win?

A record number of meaningful ballot measures have been proposed for voters to approve or reject in the 2018 election. The proposals would boost taxes for education, create a direct primary election system, allow use of marijuana for medical purposes, create an independent commission to propose election district boundaries and expand Medicaid coverage to more low-income Utahns. These measures raise interesting questions.

Why are so many substantive ballot measures being proposed this election cycle? Should these issues be left to the Legislature?

Pignanelli: “The ballot box is the surest arbiter of disputes.” — James Buchanan 

At neighborhood or community functions in Utah, non-Mormons, like me, are happy to bring alcoholic beverages — when appropriate — to enjoy and share. They want to participate in the social exercise, but understand that “certain dynamics” prevent gracious hosts of the LDS faith from providing high-octane drinks. Such rationale underlies ballot initiatives.

Shrewd activists understand that “political dynamics” prevent the Legislature from raising income taxes, salvaging SB54, establishing a boundary commission, etc. So the desired vibrant and substantive discussion with citizens is pursued through the initiative process.

The visionary drafters of our 1895 state constitution were prescient of such potential and mandated that “Legislative power … shall be vested with the Legislature … and the people.” Thus, lawmakers and petition sponsors who grumble at each other are misguided. The relative success or failure of an initiative sends a valuable signal of where Utahns are on issue, and the Legislature should be grateful for the information, without the pain of a vote. Sponsors of a ballot effort should be happy that they can take the message to the citizens without the filters of elected officials.

Implementing a ballot initiative is a wonderful fulfillment of civic duty.

Webb: Most issues should be decided by the Legislature. It would be a mistake to put every major issue before the voters. It should be an arduous task to get a proposal on the ballot — and it is.

However, select important issues that have had much discussion and debate but have not been resolved in the minds of most voters are legitimate subjects of ballot proposals. Any proposal that can overcome the tough obstacles to get on the ballot deserves to be there.

Given the difficulty of gathering the required number of signatures (more than 100,000) to get on the ballot, which measures are likely to be placed before voters next year?

Pignanelli: After the Legislature changed the signature requirement to 10 percent of voters in 26 Senate districts — a daunting hurdle — no ballot initiative has succeeded. (Remember, Count My Vote reached a compromise with the Legislature, but I surmise that they were going to have problems had they not done so).

If thousands of teachers and PTA activists are well-organized, they could push the tax increase proposal through obstacles to be awarded placement. The other campaigns will not have such an expansive volunteer network and will have to procure enormous resources to hire the expensive signature gatherers. Readers should not be surprised if all ballot campaigns struggle with these challenges.

Webb: Getting on the ballot requires an enormous amount of hard work, strong public support and a significant amount of money. My guess is that the direct primary election proposal by Count My Vote, the education tax proposal by Our Schools Now and the Medicaid expansion proposal will all get on the ballot. Medical marijuana and the redistricting commission proposals are popular but will need outside money from national groups to gather sufficient signatures.

Which measures are likely to win voter approval and become law?

Pignanelli: The education initiative will need clever messaging because Utahns are unlikely to pass tax increases — even for education. Because many families have relatives or friends touched by a horrible disease that is alleviated by marijuana, they may have enough goodwill in the general election.

Webb: Voters will readily approve the Count My Vote/direct primary proposal. Medicaid expansion has the firepower to pull out a win. I absolutely want Our Schools Now to win because a substantial investment is badly needed in the education of our young people.

Utah’s leaders have not shown sufficient courage, urgency and persistence to make Utah a top education state so our young people can compete globally for the jobs of the future. As a pro-family culture with the most young people, percentagewise, of any state, we ought to aspire to be the nation’s top education state.

We won’t get there by spending the least per pupil in the country, no matter the uninformed arguments against taxes by groups like the Sutherland Institute and Americans for Prosperity (an out-of-state Koch-funded organization).

Nothing is more important to the future of Utah’s young people and our economy than education excellence.

Having said all that, I worry that the tax increase by Our Schools Now may not pass, setting back the cause of education funding. If it loses, the defenders of education mediocrity will say citizens are happy with the status quo. That would be unfortunate.

See it here: Frank Pignanelli's interview on state re-empowerment

Have you heard the whispers for a new amendment to the U.S. constitution? Should ‘Re-Empowerment of the States’ be ratified, the states would have the power to revoke any executive order, rules, regulations or any other regulatory actions mandated by the federal government. Supporters of this amendment believe the establishment of it will restore conversations between the states and federal government, creating more democracy within the country.

Advocates for re-empowerment reached out to Frank Pignanelli to participate in a promotional video to educate people on the amendment.  As you can imagine, Frank had a few words to say on the subject. He believes it is important to drive conversations between the states and federal government, as opposed to the federal government 'playing cute' and going around the states. 

You can watch the video here: https://www.youtube.com/watch?v=yPG8m2k8Co4

Frank R. Pignanelli and LaVarr Webb: Possible strategies employed by some of Utah's top chess masters

Chess is a lot trickier than simply moving 16 pieces around a board. To win, competitors must be good strategists, anticipating a competitor’s reactions and moves. Impulsive action guarantees a loss. As in chess, so in politics. We review possible strategies employed by some of Utah's top chess masters.

Salt Lake County Mayor Ben McAdams surprised the Utah political scene by announcing he’s "seriously considering" a 2018 run in the Fourth Congressional District, currently held by Congresswoman Mia Love. Is he sincere, or is this a chess maneuver with a furtive goal?

Pignanelli: "In life, as in chess, forethought wins.” — Charles Buxton. Dandruff flakes were flying as politicos frantically scratched their heads over this unexpected development. All agree the popular, creative and successful mayor would be a formidable candidate in this or any race.

But in the last 70 years, only two Utah Democrats knocked off a Republican incumbent in a federal election (Frank Moss in 1958, Wayne Owens in 1972). Experts classify the Fourth District as solid GOP. Love won by a 13-point margin in 2016, including support from a chunk of Democrats. She is a ferocious campaigner who is substantive and charismatic. Utah leaders respect Love’s engaged membership in the House Financial Services Committee, which oversees a crucial element in the state economy. To overcome these obstacles, McAdams would need to undertake an intense negative campaign, thereby blemishing his well-deserved reputation as a bipartisan problem-solver.

Why this move by McAdams? Many insiders believe Love will run for the Senate, and McAdams’ announcement automatically places him as the front runner to fill the vacancy. Regardless, inevitable polls will broadcast his strengths (and weaknesses) and media talk of his potential candidacy will last for months. All this guarantees extra relevancy and attention for a possible statewide race in 2020, without filing for office in 2018. Castling is a chess move to realign key pieces, which McAdams just performed on the political chessboard.

Webb: My feeble IQ is better suited to checkers (or maybe Yahtzee) than chess, but I believe McAdams is seriously interested in this race. There aren’t many big-time political opportunities like this for an ambitious young Utah Democrat — even one who is moderate, competent and well-liked.

McAdams is mentioned frequently (by the “great mentioners”) as a 2020 gubernatorial prospect, but the numbers look daunting, if not impossible, for him to win statewide. Running as an independent or third-party candidate wouldn’t help.

McAdams' best chance would be for a moderate Republican to pick him up as a lieutenant governor running mate, creating a bipartisan ticket. With the right Republican at the top of the ticket, the combination might be formidable.

A campaign against Love would be very tough. It would, unfortunately, quickly degenerate into a very nasty race, with national Democrats and Republicans jumping in with an onslaught of personal attacks and negative advertising.

This may be a chess move that establishes McAdams as seriously interested in higher office, but running comes at a cost. However, if he does run and loses, he’s still county mayor for two years.

Personally, I think McAdams can do more for Utah as county mayor than as a minority Democrat among 534 other members of a dysfunctional Congress.

World Trade Center Utah President (and former gubernatorial chief of staff) Derek Miller has been open about his intent to run for the U.S. Senate in 2018. Yet, he recently penned an op-ed almost begging Mitt Romney to run for the seat. What is this all about?

Pignanelli: A Romney candidacy to replace the retiring Orrin Hatch has a predictable outcome. So Miller is covering his bets by aligning himself with Romney, with the hope for a return of the favor.

Webb: Not much intrigue exists here. Miller certainly wanted to run, but the combination of Hatch freezing the field for so long, and a new volunteer church calling made 2018 the wrong year. The cynics among us could speculate that Miller (and other young prospects) support Romney, in part, because Romney is likely to monopolize the seat for only six or 12 years — not 42 like Hatch.

Many political observers and even friends of Hatch believe he will not run again in 2018. Yet he is fundraising, sending out literature and holding town hall meetings. What’s the point of these chess moves?

Pignanelli: Hatch, the ultimate chess master, has been making a series of moves, while proclaiming he may not finish the game. Consequently, potential contenders are sidelined as he continues to gather financial and political strength. Come December or January, Hatch will announce his candidacy. Will he whisper "Checkmate”?

Webb: Acting like a candidate has kept competitors far at bay, which suits Hatch if he runs, and suits Romney, his favored replacement, if he doesn’t run (which I expect). Either way, Hatch wins.

Renae Cowley interviewed by blogger

Foxley & Pignanelli has enjoyed watching associate Renae Cowley pursue her latest endeavor in barrel racing. Renae has gone from never having never barrel raced to qualifying for the professional circuit in just one season. She has crushed the summer season and already training for next year.

Renae has a knack for excelling in the goals she sets for herself in both her professional and personal life. She has chosen to share her barrel racing journey through social media. Her @renaecowley channels have caught the attention of multiple blogs and rodeo fans. She was recently interviewed by The Small Town Boss Babe to discuss her barrel racing experience.

Read her interview here:

http://www.jessieguilford.com/single-post/2017/09/21/A-Success-Formula-that-Works-From-Barrel-Racing-to-Boss-Babe

Frank R. Pignanelli and LaVarr Webb: Our opinions on health reform, NFL protests and Columbus

In politics, expect the unexpected. Issues suddenly arise we didn’t know were issues. But one thing you can rely on: your columnists always have opinions on issues — and non-issues.

After another stinging defeat, is congressional health care reform dead and buried?

Pignanelli: “Republicans campaigned on [Obamacare repeal] so often we have a responsibility to carry it out. That's pretty much of a reason as the substance of the bill." — Sen. Chuck Grassley 

As with many Americans, I wince at commercials showing poor animals suffering from abuse. I experience the same painful emotions watching Republicans attempting to pass health care reform. They are clearly uncomfortable in this role, and relieved to move onto safer topics like taxes. But the issue is not dead.

Later this year, insurance rate increases will aggravate employers and working families. Furthermore, problems that existed before Obamacare, or caused by it, will increase in severity. Expect Republican voters to express frustration that a GOP-controlled Congress cannot deliver needed changes. These dynamics could push possible intraparty challenges, even for Utah federal officeholders.

To preempt this, I predict another round of torturous health care reform deliberations in Congress. Unfortunately, we can't count on the Humane Society saving them, and us, from the resulting pain.

Webb: It is unfortunate that the Graham/Cassidy legislation failed. It was the country’s best chance to improve health care and control its costs. By devolving much of Medicaid funding to the states, each state could have crafted solutions that best fit the needs of its citizens. The wails of woe and despair by the various liberal advocacy groups and the medical/insurance complex were self-serving and deceitful. These groups simply want big federal government health care. It is inexplicable to me that virtually everyone believes the federal government is a mess, yet so many people want the federal government to run health care.

Lt. Gov. Spencer Cox described President’s Trump’s criticism of the NFL for allowing players to kneel in protest during the national anthem as a “diabolically brilliant” action that divides the country. Is the always magnanimous Cox correct, or is there a real issue behind Trump's actions?

Pignanelli: Cox nailed it again. Trump also understands deep in the American psyche is the belief that politics and sports can mix, but never on the playing field. It was a shrewd distraction from his unfulfilled agenda.

Webb: Trump didn’t need to engage in this fight and went too far in calling for the players to be fired. I’m all for peaceful protest at the right time and place. Go protest in front of city hall or the police station. But I’m absolutely offended to see NFL players and coaches exploit the singing of the national anthem and our flag before a captive audience to make a political statement.

This is in-your-face protesting. They are going out of their way to be as obnoxious as possible in front of millions of Americans who came to witness (or see on TV) a football game and, perhaps, to feel a little patriotic as the flag is shown and the national anthem is sung. It is hijacking and exploiting the country’s most sacred symbols to make a political point.

If it’s not about the anthem, or the flag, as they say, then why use the song and flag as a backdrop? Why stuff it down the throats of football fans who aren’t interested in their political views?

Their action is not illegal. It’s constitutionally protected. But it’s bad judgment, ill-mannered, insulting, offensive, rude, divisive and disrespectful.

The Salt Lake City Council may consider a resolution to replace Columbus Day with Indigenous Peoples Day. A handful of other large cities have done this in recognition of the atrocities suffered by Native Americans by European settlers. Is this necessary?

Pignanelli: Columbus Day was created to celebrate all immigrants, in response to nasty ultra-nativist activities. Because this great explorer was Italian, millions who share my ethnic heritage are proud of him and the magnificent contribution we make to our beloved America.

Columbus was not perfect but his bravery and tenacity opened the New World to millions seeking opportunity. If unfair treatment of Native Americans is a standard to strip honorific days, the following holidays are jeopardized: Independence Day (creating a government that warred against tribes), Thanksgiving (we know how that turned out) and Christmas (spreading Christianity was a frequent rationale for maltreatment).

Equally important, honoring anything Italian is always good for American souls-regardless of heritage.

Webb: Columbus was a remarkable explorer who established the first permanent colonies in the Americas in four difference voyages. Most historians say he was also ruthless — exploiting, enslaving and otherwise mistreating the natives. As did many other European conquerors. As did the indigenous people themselves among their warring factions.

I think it is fine to celebrate indigenous people with a special day, as Utah does on Nov. 3. But I do not see harm in commemorating the beginning of the European settlement of America, and calling it Columbus Day, while also acknowledging – and learning from -- the barbarism that occurred. It is easy, but not always fair, to judge what occurred more than 500 years ago by the standards and values of today’s modern, civilized world.

150th Anniversary of the Golden Spike, brought to you by Douglas Foxley

A concurrent resolution was passed during the 2017 Utah legislative session recognizing the upcoming 150th anniversary of the United State’s first transcontinental railroad, as well as requesting that a committee be formed to plan the commemorative ceremony. We are honored to announce Governor Gary Herbert selected Foxley & Pignanelli’s founding partner, Douglas Foxley to serve as the ceremony chair. 

 Those close to the firm know there are few individuals more educated and proud of the great State of Utah and its rich history than Douglas Foxley. He has dedicated much of his time to serve various leadership positions to enrich the state. The wedding of the rails is a significant milestone in Utah's history as well as that of our nation. 

 The opportunity to coordinate the 2019 celebration has quickly become a passion project for Doug. He has been hard at work bringing together stakeholders from across the state to ensure this is a celebration worthy of such a historical event. As Doug has said, "it will be the party of the decade!"