On the Record

Many news junkies will be keeping an eye on Afghanistan’s national elections Thursday, but for Mike Smith, it’s different.

Smith, a Gordon Feinblatt employment lawyer, has met three of the major candidates–incumbent Hamid Karzai and challengers Ashraf Ghani and Abdullah Abdullah–and counts Ghani as a close friend. As I wrote last year, Smith has done a lot of pro bono work on Afghanistan issues, including working with a group proposing a new labor and employment code for the country, working to get the post-invasion Afghan government dismissed from a lawsuit filed by families of 9/11 attack victims and aimed at the pre-invasion Taliban government, representing Afghan Guantánamo Bay detainees and arranging a partnership between Kabul University and his alma mater, Colgate University.

Smith is rooting for long-shot Ghani, a former finance minister in Afghanistan, to win the election.

“I think he’s what the doctor [ordered] for Afghanistan, frankly, but people vote the way they vote,” Smith said.

Smith said there were high hopes for Karzai when he took office in 2004. He surrounded himself with competent, honest people. But over the past five years, many of those people have left, and Karzai has tolerated an extraordinary amount of corruption. Karzai is still seen as the front-runner in the election.

Smith said he believes Karzai’s support comes from four camps: people who believe in Karzai, those who have benefitted from the corruption in his administration, those who are following their local warlord’s voting instructions and those practicing “aggressive apathy” by sticking with the status quo.

The American-educated Ghani would focus on ending corruption, training Afghan troops and decreasing unemployment, on the theory that young men are joining the Taliban fighters not for ideological reasons but because it’s a paying job, Smith said.Smith said Abdullah, a former foreign minister, would be a decent second choice if Ghani does not win. Abdullah is expected toget the second-highest number of votes.

“I think Abdullah Abdullah would not be a horrific choice,” he said.

Media outlets have reported that even if, as expected, Karzai gets more votes than any other candidate, he may not win the more than 50 percent necessary to avoid a runoff election with his closest challenger. That, Smith guessed, is Karzai’s worst nightmare.

It is possible that even if Karzai wins reelection, he will appoint Ghani as a sort of chief executive.

In nearly every social setting I found myself in this past holiday weekend, the latest in The Continuing Story of Alaska Sarah came up, and the theories of why she abruptly quit as governor were as various as they were numerous. Here’s one the legal community can understand: her legal bills forced her hand. (And speaking of, er, atypical Alaskans, I wonder what this judge has to say about Palin’s resignation.)

How bad have law firm layoffs been this year? Here’s the latest on the recent rash of retrenchments. (HT: Above The Law)

Have you heard about The Chicago Tribune’s series of stories examining the controversial admissions practices at the University of Illinois? Well there’s now controversy about the newspaper’s coverage, too, and a group of law professors at the University want everyone to know their school isn’t unique. (Hat tip: ABA Journal, et al.) Are they right?

Leah Ward Sears, the just-retired Chief Justice of the Georgia Supreme Court — and a one-time candidate to become dean of the University of Maryland School of Law — sounded off last week on no-fault divorces. (Hat tip: Maryland Family Law Blog)

Finally, everybody has word-choice pet peeves, and one of mine is the use of ‘verbal‘. As that word comes from the Latin for ‘word,’ I think it should be used in contrast to ‘numerical’ or ‘gestural’ when manner of expression is the subject at issue. But instead, ‘verbal’ is often used in contrast to ‘written’, which while legitimate according to lower-listed dictionary definitions, I think should be subbed out for ‘vocal‘. (By the way, this mini tirade — wait, can you have a typed tirade? — was triggered by today’s “Say What?!“). What do you think?

Del. Norman H. Conway, D-Wicomico and Worcester, readily admits he was the lawmaker who added language to the state’s budget requiring the Maryland Disability Law Center to submit financial documents before receiving funding. (The funding was untied from the reporting requirement in the final version of the budget passed by the General Assembly.)

MDLC was the only legal services organization targeted, raising alarms in the legal services community. Conway, chairman of the Appropriations Committee, said MDLC was selected because he had not seen an audit from the organization recently. (Virginia Knowlton, MDLC’s executive director, has noted that her organization undergoes financial audits at both state and federal levels to receive grant money, and Conway has access to those.)

Conway also points out that the documentation requirement is not uncommon. ”Throughout the budget, you’ll see all types of reports that are requested from a list of organizations and state agencies,” he said.

Scanning through the budget (PDF), I discovered more than a dozen similar documentation requirements. The Maryland Higher Education Commission and the state’s historically black institutions, for example, have to submit a report showing the effectiveness of programs to increase graduation and retention rates before receiving $1.5 million for that purpose. The Department of Health and Mental Hygiene is asked to submit a report on the “proposed closing of state-operated beds” at the Walter P. Carter in Baltimore City before receiving $10 million. And the Maryland Insurance Administration is to report on “an agreed upon practice for forecasting and tracking the premium tax” before receiving $100,000.

An analyst with the Department of Legislative Services confirmed the frequent use of documentation requirements for funding, and said the unusual thing here is that MDLC succeeded in getting them untied .

Conway indicated that the selected organizations are not being accused of or being investigated for wrongdoing. Rather, it’s a way for the legislators to make sure state funds are being used appropriately, particularly in the current economic climate.

“I like to focus on what the activities are,” he said. “The committee needs to understand these different expenditures.”

Whatever Conway’s motives, MDLC and other legal services agencies see it as a shot across their bow, according to this commentary by Legal Aid’s Joe Surkiewicz. What do you think?

Going through the latest filings in the Magna Entertainment Corp. bankruptcy case, a document filed Wednesday caught my eye. It is Magna’s response to separate motions by the state of Maryland and Baltimore that contend the company’s rights to control the auction of Pimlico and Laurel racetracks.

But really, it’s Magna’s response to the law Gov. Martin O’Malley pushed for that allows Baltimore to sieze the tracks by eminent domain.

“While couched in the guise of a mere benign request, the Motions present much more than meets the eye,” the response starts. Referring to the legislation, it continues: “By filing the Motions, the movants seek to obtain comfort for their preconceived indiscretions and the patently apparent violation of…the United States Bankruptcy Code.”

Magna said it reserves the right “and intend[s] to pursue their remedies for the recently enacted legislation and its resultant chilling effect on the Debtors’ property and chapter 11 estates.”

Oh, snap. The gloves have officially come off.

The response then goes on to cite a bunch of legal mumbo jumbo which I won’t bore you with (sorry law dawgs) but suffice it to say the tone was one of extreme annoyance and conveyed the view that the city and state had overreacted to some innocent, extra wording in one of Magna’s first day filings that sought to clarify its rights as a debtor.

Do you think the company has a point? Do you think Maryland’s overreacting?

The Sun’s Maryland Politics blog is speculating today that Steve Bailey might be gearing up for a political race. City/state editor Andy Green bases this idea on a letter to the editor the ertswhile Baltimore County deputy state’s attorney penned, in which he takes Baltimore County executive Jim Smith to task for spending and taxing too much.

Bailey, a Republican, ran to replace longtime state’s attorney Sandy O’Connor in 2006, when O’Connor retired. Bailey was the heir apparent, but he lost to Democrat Scott Shellenberger, who had been an assistant state’s attorney and then a trial lawyer for Peter Angelos. Shellenberger, who had Jim Smith’s political support, Angelos’ monetary support and a favorable political climate for Democrats that year, beat Bailey 54 percent to 46 percent.

Green wonders if Bailey wants to challenge Smith, a former Baltimore County Circuit Court judge and second-term county executive, in 2010. The Republicans have so far not made much noise about who they will run against Smith, he noted. “[N]obody’s raising much money or making many waves,” Green wrote.

Do you think the ex-prosecutor should face down the ex-judge next year?

I chose not to go into D.C. today to stand on the Mall in freezing weather and strain to catch a glimpse of Barack Obama’s swearing-in. At 5′1″, I don’t have good experiences in crowded situations where stadium seating isn’t available.

Nevertheless, as I watch my second hour of live inauguration coverage on CNN this morning, I can’t help feeling wistful about not being one of the masses, energized by my peers, watching history unfold - even if it is unfolding on a Jumbotron.

And then I think about what would happen if I had to go to the bathroom.

I’m tuned in to Twitter, simultaneously getting updates from those who are on-site and those who aren’t.

One user - who chose to stay home - just wrote: “No queues this morning getting to television. Unobstructed sight lines, good sound. Temp: 67 degrees.”

Clearly he’s happy with his choice.

Another user (Zappos.com CEO Tony Hsieh, who most likely has a better seat than your average spectator) writes: “Amazing view at Inauguration, looking towards Washington monument seeing more people together in one place than ever seen before in my life.”

And even through all the hassles - on the Metro, with the portable bathrooms, and traffic - people on the Mall look nothing short of thrilled.

Are you regretting your decision to stay indoors? Or glad to avoid the mayhem?

JACKIE SAUTER, Web Editor 

Photo by Ron Edmonds/Associated Press

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A quick poll of the newsroom shows that the longest wait time thus far this morning was one hour, 10 minutes (Bethesda), followed closely by an hour wait in Baltimore City at Maryland Ave. & Chase St.

Planning to vote during lunch or later today? Check out the widget below, courtesy of Twitter, where you can see updates from Twitter users in Maryland with the current wait times at polling places around the state.

Comment below and share your own voting experience.

We know the importance of data - cold, hard facts and figures - to our readers and to political aficionados. So, we created the interactive map below, which shows the results from the 2006 Congressional election. If you were dying to know how many votes Rep. Steny Hoyer (D-Prince George’s) received the last time he was elected - or by what margin he beat his opponent - there you have it.

In addition, here’s a treasure trove of resources where you can find answers on elections in Maryland:

• WYPR radio will be covering the local races and ballot questions on slots and early voting, and will have break-in national coverage from NPR on Tuesday night. Listen live by clicking here.
• Want to know specifics about the 2008 Maryland ballot measures? Ballotpedia.org to the rescue. And here’s Maryland’s hub on the site.
• Didn’t get enough political ads on TV? Watch them again here, on the Washington Post’s Web site.
• This list wouldn’t be complete without some anti-slots and pro-slots Web sites: Marylanders United (anti), For Maryland, For Our Future (pro)
• A map of the boundaries of the Maryland Congressional Districts (PDF).

Have another site suggestion? Email me and I’ll add it to the list.

JACKIE SAUTER, Web Editor

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Douglas F. Gansler, die-hard Washington Redskins fan and co-chair of Barack Obama’s Maryland presidential campaign, may be torpedoing his candidate’s presidential aspirations by remaining loyal to his gridiron favorite.

Gansler, who provides pre-game commentary on Comcast SportsNet’s television program “Redskins Report,” has predicted the Redskins will defeat the visiting Pittsburgh Steelers in tonight’s game at FedEx Field in Landover. If Gansler is correct, that would be great for the home team — but bode ill for the Democratic presidential nominee.

Since 1936, in every presidential election but one, the Redskins’ fate at the last home game before Election Day has matched that of the incumbent party. When the Redskins won that game, the party in power stayed in power; when the Redskins lost, the incumbent party also went down to defeat.

Thus, a Redskins victory tonight would delight Gansler the sports fan, but augur a loss for Obama – bad news for Gansler the co-chair.

The one exception was 2004. The Redskins lost their final pre-Election Day home game to the Green Bay Packers 28-14, but President George Bush, a Republican, retained office by defeating his Democratic rival, U.S. Sen. John Kerry of Massachusetts.

Gansler calls these past results merely consistent coincidences that are irrelevant in a year in which his favored candidate has called for change.

“The problem with statistics is they never had a candidate like Obama,” said Gansler, who chairs the Democrat’s Maryland campaign with U.S. Rep. Elijah Cummings. “With Obama in the presidential race, you throw away the records.”

Maryland’s top prosecutor introduced further evidence that he is unafraid of the link between Redskins wins and presidential results. He said the final score of tonight’s game will be Redskins 19, Steelers 12 — to be followed tomorrow night by an Obama victory.

STEVE LASH, Legal Affairs Writer