Carolina Journal That Cooper Is Operat- Stam, Told CJ That Since the Suit Is — Will Become the Defendant
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INSIDE THIS ISSUE: DEPARTMENTS Woodruff: North Carolina 2 Local Government 8 Both parties CAROLINA From Page 1 12 Education 14 have some Books & the Arts 18 mending to Interview 19 do/2 Opinion 20 JOURNALA MONTHLY JOURNAL OF NEWS, ANALYSIS, AND OPINION Parting Shot 24 FROM THE JOHN LOCKE FOUNDATION November 2016 Vol. 25 No. 11 STATEWIDE EDITION Check us out online at carolinajournal.com and johnlocke.org Lawsuit challenges A.G.’s hog waste ‘slush fund’ the result of then-Attorney General Mike Easley’s concern about environ- Filing claims Easley’s mental pollution related to hog farm- ing. After hog waste lagoons over- 2000 hog-waste deal flowed into North Carolina rivers in 1999 as a result of Hurricane Floyd, is unconstitutional Easley began discussions with Smith- BY DON CARRINGTON field, Va.-based Smithfield Foods, the Executive Editor nation’s largest hog processor. The RALEIGH company has slaughterhouses in North lawsuit filed by the president Carolina processing its own hogs and of a conservative policy organi- those raised by contract producers. zation says the North Carolina Easley also was running for governor AConstitution requires payments from in 2000. The agreement was signed in a 2000 agreement between pork pro- July 2000 by Easley, Smithfield Foods, ducer Smithfield Foods Inc. and the and five of its subsidiaries. North Carolina Department of Justice It called for Smithfield to pay $15 go to public schools instead of being million to North Carolina State Uni- used by the attorney general to award A sign on the Edgecombe Community College campus explains a stormwater manage- versity to identify and develop waste- discretionary grants. ment project grant that has nothing to do with hog waste, and which was funded by handling technologies that were better Civitas Institute President Fran- a grant from Attorney General Roy Cooper under a program to ameliorate the effects than the common practice of directing cis De Luca, claiming standing as a of hog waste on the environment. (CJ photo by Don Carrington) waste to lagoons and spraying it on fields after the waste is deemed safe state taxpayer, filed a lawsuit Oct. 18 “This lawsuit is about the con- the rules of civil procedure mandate and weather conditions are favorable. against Roy Cooper in his capacity as stitution and previous court decisions that his successor automatically will The agreement also called for the attorney general of North Carolina. which say these types of settlements become the defendant. Since Cooper is Smithfield to pay up to $2 million an- De Luca is seeking to have Cooper re- must go to public education,” De Luca not seeking another term and instead nually for 25 years to “Environmental cover the awards made within the last said. “The A.G. does not have the au- is running for governor against incum- Enhancement Projects” designated by three years, redirect those funds for the thority to divert these monies from bent Republican Pat McCrory, the win- the attorney general without defining benefit of public schools, and direct education into a slush fund to give out ner of the Nov. 8 general election for how projects would qualify for fund- all future payments from Smithfield to favored political entities.” attorney general — either Republican ing or which projects were considered Foods to public schools. De Luca told De Luca’s attorney, Paul “Skip” Buck Newton or Democrat Josh Stein Carolina Journal that Cooper is operat- Stam, told CJ that since the suit is — will become the defendant. ing a “slush fund.” against Cooper in his official capacity, The Smithfield Agreement was Continued as “Lawsuit,” Page 12 Some bands use ribbons, not kneeling, to protest PAID ing to stand in formation as they play RALEIGH, NC U.S. POSTAGE the anthem. PERMIT NO. 1766 NONPROFIT ORG. Experts say, though The protests echo those of San Francisco 49ers quarterback Colin legal, protests may Kaepernick, who began sitting on the bench before preseason National Foot- harm public image ball League games when the anthem was played. Kaepernick said he was BY BARRY SMITH Associate Editor objecting to oppression of black people RALEIGH in the United States. Other NFL play- embers of some North Caro- A First Amendment expert says ers have joined the protest by kneeling lina college marching bands, such protests are allowable but may during the anthem. protesting what they con- reflect badly on both band members The practice of kneeling during Msider police brutality and racial preju- who do not wish to participate and the the anthem has been repeated by play- dice from law enforcement agencies, university as a whole. ers in several college football games, have abandoned kneeling while play- Protesting band members at both but it hasn’t spread widely in part be- ing “The Star Spangled Banner” before N.C. State University and the Univer- cause often the players do not take the football games and instead are wear- sity of North Carolina at Chapel Hill field until the anthem is over. ing ribbons or armbands on their uni- have attached ribbons or armbands to The John Locke Foundation 200 W. Morgan St., #200 Raleigh, NC 27601 forms. their uniforms or hats while continu- Continued as “Some,” Page 13 PAGE 2 NOVEMBER 2016 | CAROLINA JOURNAL NORTH CAROLINA Woodruff: Both parties have some healing to do BY DAN WAY Even as Woodruff was speaking, news outlets were Associate Editor reporting on the latest release of emails WikiLeaks says it RALEIGH hacked from various government and private sources. eep divisions among Americans will fester long The emails showed a variety of media outlets and Rick Henderson after the Nov. 8 presidential election, and veteran Democratic National Committee interim chairwoman Don- Editor-in-Chief television news anchor Judy Woodruff is concerned na Brazile either leaked debate questions or Sanders cam- Dabout the animus. She also said the fractured Republican paign information to the Clinton camp, offered other sorts John Trump and Democratic national parties will undergo intense soul- of help to give Clinton high-profile publicity in their publi- Managing Editor searching. cations, and extended to her veto power over quotes in sto- “Donald Trump has tapped into this anger that so ries. Brazile denied she aided the Clinton team. Don Carrington many people feel,” Woodruff said on Oct. 11 of the Repub- Political polarization has tunneled into both political Executive Editor lican presidential nominee, who recently came under fire parties as well as the electorate, Woodruff said. over the release of a 2005 video in which he made lewd com- “It’s this idea that the other side is the enemy, that if Mitch Kokai, Barry Smith ments about groping women. you’re in my party, and you work with the other party, then Kari Travis, Dan Way “Even with all the problems in the last few days that you’re a traitor, and we’re going to do everything we can Associate Editors he’s had, he’s still at 38, 40, 42 per- to make sure you don’t win re-elec- cent in the national polls,” said tion,” Woodruff said. Kristen Blair, Roy Cordato Woodruff, the featured speaker at “Members of Congress who Becki Gray, Sam A. Hieb City Club Raleigh’s National Pub- work with the other party now Lindalyn Kakadelis, Troy Kickler lic Affairs Forum. Duke graduate are often singled out and told they George Leef, Michael Lowrey David Hartman, actor and former will not be supported with party Donna Martinez, Harry Painter host of “Good Morning America” money, and that they will look for Jenna Ashley Robinson who now lives in Durham, moder- someone to run against them in the Marc Rotterman, Jesse Saffron ated a question-answer session. primary,” and that erodes political Jay Schalin,Terry Stoops Woodruff, who attended Mer- middle ground, Woodruff said. Andy Taylor, Michael Walden Contributors edith College and graduated from Many voters tell their congres- Duke University, has anchored and sional representatives to “stand up Published by held senior positions at CNN and for your principles, and don’t work The John Locke Foundation NBC and now co-anchors “PBS for the other side” when they get 200 W. Morgan St., # 200 NewsHour,” said pundits believe elected, she said. “The only thing Raleigh, N.C. 27601 Trump is likely to lose the election. that’s going to change that is when (919) 828-3876 • Fax: 821-5117 If he does, “What is he go- the voters of this country say we’ve www.JohnLocke.org ing to do with that anger that’s out had enough of this” and demand there? Where are those people go- elected officials work across the Kory Swanson ing to go? Who will be their cham- aisle to solve the country’s prob- President & Publisher pion after Nov. 8? It’s not just going lems. to disappear on Nov. 9,” Woodruff On other matters, Woodruff: John Hood said. Nor will the “anger and disre- PBS “NewsHour” co-anchor Judy Woodruff • Said there is “an entire Chairman spect” toward Hillary Clinton. speaks with former ABC “Good Morning America” swath of Americans who believe “How is it going to affect her host and current Durham resident David Hartman racism and intolerance is alive and Charles F. Fuller, Bill Graham ability to govern if she’s elected after an Oct. 11 speech at the City Club in Raleigh. well,” and another group “who be- John M. Hood, Christine Mele [or] if the shoe’s on the other foot (CJ photo by Dan Way) lieve law enforcement officers are Brad Muller, Paul Slobodian and Donald Trump were elected?” not respected for the work that they David Stover, J.M Bryan Taylor Woodruff asked.