The J.R. Hoeft Show

Jack Wilson, chairman of the Republican Party of Virginia. On this show, Jack explains how the reaction to the pandemic has affected the party and how they have been managing to accomplish party business; the impact on campaigns and elections in this era of the virus; the prospects for the GOP’s congressional candidates; online fundraising; and much more!

“I think our candidates for congress, as well as for the United States Senate, really need to run on the ticket with President Trump. In the past, we sort of had candidates run away from the president and it didn’t really bode well for them. So, I think this is the year that it is going to have to be unified, top-to-bottom; we’re all on the same team; we all have to re-elect the president…[You are] seeing the president’s popularity in Virginia going up and you got Mark Warner who voted to impeach and convict. And, so, that impeachment vote – while not now with all the COVID-19 stuff going on – that impeachment vote will come back front and center in the fall election cycle. I have no doubt.”

Norm Leahy and I look at the governor's plan to reopen Virginia and the prospects of three straight years of House of Delegates elections (2021-2023). Norm, columnist with The Washington Post, wrote this week about reopening:

There’s plenty of reason to believe in the optimistic case. Virginia has overcome revolution, civil war, depressions, panics and pandemics before. It won’t be different this time.But expecting a quick, easy, painless rebound to life as it was back in early March is foolish.

The question we need to ask isn’t when the gym will be open or the school will be back in session. It’s what sort of Virginia emerges from the long, difficult process that lies ahead.

References:

* Republican Party of Virginia

* Trump-backed online donor platform launches at state level ahead of redistricting (Politico)

* COVID-19 could force the Virginia House to have elections 3 years in a row. Here’s how: (Virginia Mercury, Graham Moomaw)

* Northam extends business closure order, announces plans to reopen as of May 15 (Virginian-Pilot, Kimberly Pierceall)

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Sidney Powell (Licensed to Lie) is known today as being the dynamic attorney for Lt. Gen. Michael Flynn, former DIA director during the Obama Administration and former National Security Adviser for President Donald Trump. Powell joins the podcast to discuss her book, co-authored with Harvey Silverglate (Three Felonies a Day). You will be amazed at what you don’t know prosecutors can do to you after reading this book.

Norm Leahy and I look at two recent court cases in Virginia – one affecting one’s right to practice the use of firearms and the other the ability to get physically fit, purportedly to fight off viruses. Both cases challenge the governor’s authority to pick and choose who gets to work and who doesn’t during a pandemic. Norm, columnist with The Washington Post, gives us some great insight into the 1918 Pandemic.

From the interview Powell:

Jim: Shouldn’t there be rules or regulations against the FBI doing this? Isn’t this somewhat like police entrapment?

Sidney: Yes – it’s worse than that. It was a setup and a frame job. There was no crime, they made it all up. And if anyone wants to look at some of the actual documents then can find them on my website sidneypowell.com. There’s a page of the Flynn Briefing and we attach a lot of emails and information that demonstrates what we’re talking about. It’s absolutely outrageous what the government has done to Gen. Flynn.

During the interview with Sidney, she and I discuss:

* Why being a prosecutor is important and having a focus on seeking justice is the primary goal/li>

* Why two decades ago marks a shift in when prosecutors went from simply upholding the law to desiring convictions/li>

* Why does the FBI discourage recording of witness/suspect interview, including by the FBI/li>

* Explaining the “False Statements Statute” and how it’s very easy to violate, perhaps even entrap, suspects/li>

* How Grand Juries can be manipulated by prosecutors to bring an indictment and how they have evolved from the original Constitutional meaning/li>

* What is “The Brady Rule” and how does it apply to exculpatory evidence/li>

* 5k+ federal criminal statues and 300k+ federal regulations with criminal penalties – how that leads most of us to commit “Three Felonies Per Day”/li>

* The concept of “mens rea” (guilty mind), general intent v. specific intent, and prosecutorial manipulation/li>

* 95 percent of all “guilty” verdicts come from plea agreements and why/li>

* Why reforming is important and how there is little danger of the pendulum swinging too far/li>

* The chances of reform in today’s political environment, why Congress is intimidated by the Justice Department, and President Trump’s Commission on Law Enforcement and the Administration of Justice/li>

* The entrapment of Lt. Gen. Michael Flynn, USA, ret. and the case going forward

References:

* Sidney Powell

* Powell on Twitter

* Conviction Machine (Amazon)

* Trump calls FBI investigators in Russia probe 'human scum' (The Hill)

* Virginia shooting range can reopen during pandemic, judge rules (Virginian-Pilot)

* Gym owner suing Virginia gov.

Sidney Powell (Licensed to Lie) is known today as being the dynamic attorney for Lt. Gen. Michael Flynn, former DIA director during the Obama Administration and former National Security Adviser for President Donald Trump. Powell joins the podcast to discuss her book, co-authored with Harvey Silverglate (Three Felonies a Day). You will be amazed at what you don’t know prosecutors can do to you after reading this book.

Norm Leahy and I look at two recent court cases in Virginia – one affecting one’s right to practice the use of firearms and the other the ability to get physically fit, purportedly to fight off viruses. Both cases challenge the governor’s authority to pick and choose who gets to work and who doesn’t during a pandemic. Norm, columnist with The Washington Post, gives us some great insight into the 1918 Pandemic.

From the interview Powell:

Jim: Shouldn’t there be rules or regulations against the FBI doing this? Isn’t this somewhat like police entrapment?

Sidney: Yes – it’s worse than that. It was a setup and a frame job. There was no crime, they made it all up. And if anyone wants to look at some of the actual documents then can find them on my website sidneypowell.com. There’s a page of the Flynn Briefing and we attach a lot of emails and information that demonstrates what we’re talking about. It’s absolutely outrageous what the government has done to Gen. Flynn.

During the interview with Sidney, she and I discuss:

* Why being a prosecutor is important and having a focus on seeking justice is the primary goal/li>

* Why two decades ago marks a shift in when prosecutors went from simply upholding the law to desiring convictions/li>

* Why does the FBI discourage recording of witness/suspect interview, including by the FBI/li>

* Explaining the “False Statements Statute” and how it’s very easy to violate, perhaps even entrap, suspects/li>

* How Grand Juries can be manipulated by prosecutors to bring an indictment and how they have evolved from the original Constitutional meaning/li>

* What is “The Brady Rule” and how does it apply to exculpatory evidence/li>

* 5k+ federal criminal statues and 300k+ federal regulations with criminal penalties – how that leads most of us to commit “Three Felonies Per Day”/li>

* The concept of “mens rea” (guilty mind), general intent v. specific intent, and prosecutorial manipulation/li>

* 95 percent of all “guilty” verdicts come from plea agreements and why/li>

* Why reforming is important and how there is little danger of the pendulum swinging too far/li>

* The chances of reform in today’s political environment, why Congress is intimidated by the Justice Department, and President Trump’s Commission on Law Enforcement and the Administration of Justice/li>

* The entrapment of Lt. Gen. Michael Flynn, USA, ret. and the case going forward

References:

* Sidney Powell

* Powell on Twitter

* Conviction Machine (Amazon)

* Trump calls FBI investigators in Russia probe 'human scum' (The Hill)

* Virginia shooting range can reopen during pandemic, judge rules (Virginian-Pilot)

* Gym owner suing Virginia gov.

Scott Lingamfelter has been a colonel in the Army, state delegate, and, now, author, of “Desert Redleg” – a compelling first-hand account on his observations as an artilleryman during the Gulf War. He rejoins the podcast to discuss the book, as well as the unique circumstances we find ourselves with state government and the Republican Party of Virginia.

Norm Leahy,columnist with The Washington Post, joins me for the “Shouting Along the James” segment. We address the opening hours of the reconvene (aka “Veto”) session of the General Assembly taking place under the big top for the House of Delegates and in the Science Museum for the State Senate. Norm also brings up some new points to consider on our state budget.

From the interview with Scott Lingamfelter:

“They [Democrats] are pursuing an agenda and that’s where I am concerned about our rights. In other words, Jim, it’s not so much the COVID-19 situation that is a threat to our rights, in particular. It’s putting people in charge of your government who are a threat to your rights in any condition --whether it’s COVID-19 or any other situation.”

During the interview with Scott, he and I discuss:

* Using time at home to the fullest, if you are at home. Doing things of value.

* Why his book, “Desert Redleg” is an important read.

* Why artillery matters.

* The need for everyone to keep a daily log/diary/journals.

* How his work as a Foreign Area Officer on the Middle East Desk was key to his service during the First Gulf War and context for the book.

* Despite neither Congress nor the president declaring the Gulf War actually over, discussing its importance. Understanding the context of this particular conflict, and its significance.

* The concern by Gen. Norman Schwarzkopf about press coverage during OIF to ruin the operational plan.

* His view of the 2020 General Assembly Session: “Virginia got what it voted for.”

* Ideas for getting the GOP back on track.

* How to deal with outside state money that targets Virginia’s elections. The notable absence of “Faith, Family, and Freedom” money to counter the progressive agenda.

* The impact of party schisms and how to unify.

* Why reading “The Federalist” is a good start to understanding conservatism.

* How GOP policies help an average voter’s life. Craft and take the message to the field – to all demographics.

* That the optics of holding the Veto Session of the General Assembly are secondary to what they actually do, including action (or lack thereof) on the budget.

* His prescription to “focus the resources of Virginia to untie and unleash the economy" and his concern with “agenda-driven political spending” in the era of COVID-19.

* The governor’s approach to civil liberties and economic freedom during COVID-19.

* The fundamental objectives of government (protection of rights and individual safety – finding the balance).

* The need for a phased approach to decision making.

* Moving forward the next six to nine months.

References:

* Desert Redleg (apply code “fs30” at checkout for 30% off until July 2020)

* U.S. Debt Projections post COVID-19 (Cato)

* Coronavirus upends Virginia legislative session (AP)

* Wearing masks and gloves, Virginia lawmakers gather outdoors in Richmond. Nearby, drivers honk horns to protest the stay-at-home order. (Virginian-Pilot)

Scott Lingamfelter has been a colonel in the Army, state delegate, and, now, author, of “Desert Redleg” – a compelling first-hand account on his observations as an artilleryman during the Gulf War. He rejoins the podcast to discuss the book, as well as the unique circumstances we find ourselves with state government and the Republican Party of Virginia.

Norm Leahy,columnist with The Washington Post, joins me for the “Shouting Along the James” segment. We address the opening hours of the reconvene (aka “Veto”) session of the General Assembly taking place under the big top for the House of Delegates and in the Science Museum for the State Senate. Norm also brings up some new points to consider on our state budget.

From the interview with Scott Lingamfelter:

“They [Democrats] are pursuing an agenda and that’s where I am concerned about our rights. In other words, Jim, it’s not so much the COVID-19 situation that is a threat to our rights, in particular. It’s putting people in charge of your government who are a threat to your rights in any condition --whether it’s COVID-19 or any other situation.”

During the interview with Scott, he and I discuss:

* Using time at home to the fullest, if you are at home. Doing things of value.

* Why his book, “Desert Redleg” is an important read.

* Why artillery matters.

* The need for everyone to keep a daily log/diary/journals.

* How his work as a Foreign Area Officer on the Middle East Desk was key to his service during the First Gulf War and context for the book.

* Despite neither Congress nor the president declaring the Gulf War actually over, discussing its importance. Understanding the context of this particular conflict, and its significance.

* The concern by Gen. Norman Schwarzkopf about press coverage during OIF to ruin the operational plan.

* His view of the 2020 General Assembly Session: “Virginia got what it voted for.”

* Ideas for getting the GOP back on track.

* How to deal with outside state money that targets Virginia’s elections. The notable absence of “Faith, Family, and Freedom” money to counter the progressive agenda.

* The impact of party schisms and how to unify.

* Why reading “The Federalist” is a good start to understanding conservatism.

* How GOP policies help an average voter’s life. Craft and take the message to the field – to all demographics.

* That the optics of holding the Veto Session of the General Assembly are secondary to what they actually do, including action (or lack thereof) on the budget.

* His prescription to “focus the resources of Virginia to untie and unleash the economy" and his concern with “agenda-driven political spending” in the era of COVID-19.

* The governor’s approach to civil liberties and economic freedom during COVID-19.

* The fundamental objectives of government (protection of rights and individual safety – finding the balance).

* The need for a phased approach to decision making.

* Moving forward the next six to nine months.

References:

* Desert Redleg (apply code “fs30” at checkout for 30% off until July 2020)

* U.S. Debt Projections post COVID-19 (Cato)

* Coronavirus upends Virginia legislative session (AP)

* Wearing masks and gloves, Virginia lawmakers gather outdoors in Richmond. Nearby, drivers honk horns to protest the stay-at-home order. (Virginian-Pilot)

Daniel Gade joins the podcast to discuss his campaign for U.S. Senate. Gade, a scholar, professor, war veteran, public servant, father, and more is seeking the Republican nomination to take on two-term U.S. Sen. Mark Warner (D).

Gade, who was seriously injured in Ramadi, Iraq, has served in both the Bush and Trump administrations, but the North Dakota native and professor at American University thinks now is the time to retire Virginia’s senior senator.

“In the particular case of Mark Warner – he’s not a good Senator – he’s not good at that work…He doesn’t ever propose bills; he doesn’t ever do anything for the people of Virginia. He likes the title. What is a rich man going to do when he’s gotten his money? In this case, what this particular rich man is going to do, is to try to get titles and that’s what he’s done; he’s gotten himself the title of ‘senator.’”

In the podcast, we discuss:

* His background, injury, and the role of faith

* Why run for Senate now? Why against Mark Warner?

* U.S. Government Checks and Balances and his view on the War Powers Act

* The Second Amendment and Gun Control

* Trying to get his message out with President Donald Trump's Twitter feed at full volume

* “Investing” $2 trillion to stimulate the economy

* Legislation he will propose first if elected: The “SIT” Act.

Before speaking with Gade, Norm Leahy, columnist with The Washington Post, joins me to review the week’s current events, including:

* Gov. Ralph Northam pumping the brakes on the state budget and extending the business shutdown to May 8

* Northam doing a victory lap on a host of progressive legislation signed into law, including new election laws designed to make voting easier and

* The three Republican U.S. Senate candidates certified to be on the primary ballot.

References:

* Gade for Virginia

* Gade's SIT Legislation

* Northam seeks to delay skill games ban, tax profits for COVID-19 fund; put off minimum wage hike

* Virginia Issues Final Pre-COVID-19 Revenue Report

* Governor Northam Signs Virginia Values Act

* Governor Northam SignsHistoric Gun Safety Legislation into Law

* Governor Northam SignsVirginia Reproductive Health Protection Act

* Governor Northam SignsLandmark Legislation on Historic Justice, Equity

* Governor Northam SignsSweeping New Laws to Expand Acces...

Daniel Gade joins the podcast to discuss his campaign for U.S. Senate. Gade, a scholar, professor, war veteran, public servant, father, and more is seeking the Republican nomination to take on two-term U.S. Sen. Mark Warner (D).

Gade, who was seriously injured in Ramadi, Iraq, has served in both the Bush and Trump administrations, but the North Dakota native and professor at American University thinks now is the time to retire Virginia’s senior senator.

“In the particular case of Mark Warner – he’s not a good Senator – he’s not good at that work…He doesn’t ever propose bills; he doesn’t ever do anything for the people of Virginia. He likes the title. What is a rich man going to do when he’s gotten his money? In this case, what this particular rich man is going to do, is to try to get titles and that’s what he’s done; he’s gotten himself the title of ‘senator.’”

In the podcast, we discuss:

* His background, injury, and the role of faith

* Why run for Senate now? Why against Mark Warner?

* U.S. Government Checks and Balances and his view on the War Powers Act

* The Second Amendment and Gun Control

* Trying to get his message out with President Donald Trump's Twitter feed at full volume

* “Investing” $2 trillion to stimulate the economy

* Legislation he will propose first if elected: The “SIT” Act.

Before speaking with Gade, Norm Leahy, columnist with The Washington Post, joins me to review the week’s current events, including:

* Gov. Ralph Northam pumping the brakes on the state budget and extending the business shutdown to May 8

* Northam doing a victory lap on a host of progressive legislation signed into law, including new election laws designed to make voting easier and

* The three Republican U.S. Senate candidates certified to be on the primary ballot.

References:

* Gade for Virginia

* Gade's SIT Legislation

* Northam seeks to delay skill games ban, tax profits for COVID-19 fund; put off minimum wage hike

* Virginia Issues Final Pre-COVID-19 Revenue Report

* Governor Northam Signs Virginia Values Act

* Governor Northam SignsHistoric Gun Safety Legislation into Law

* Governor Northam SignsVirginia Reproductive Health Protection Act

* Governor Northam SignsLandmark Legislation on Historic Justice, Equity

* Governor Northam SignsSweeping New Laws to Expand Acces...

Norm Leahy and J.R. Hoeft on...

* Face Masks and Civil Liberty

* The necessity of a new State budget

* Moving local elections scheduled for May to November and bumping the primaries to June 23

In J.R.'s interview with Liz...

* The objective of communications: not to make yourself the story!

* What took her from practicing debt financing law in England to working on RNC digital efforts in 2008 and why five-year plans are nice, but not always necessary.

* The influence of David Gough on getting her into working in conservative politics.

* How she ended up on the right, despite some significant influences from the left when growing up. The influence of 1978-79 on British political history. Council houses and property rights. Scottish nationalism. Seattle and free trade. Intellectual property.

* What does it mean to have a “political home”? Do party members always have to agree? The importance of “showing up” and how breaking with a party is an abdication of being able to influence it.

* Because she doesn’t have complete orthodox GOP/pro-Trump views, does she feel the Nunes lawsuit is retribution?

* Surveillance, FISA Court, and civil liberties.

* Why it’s unique that the lawsuit against her is being brought in Virginia and what it means to the First Amendment and our Constitution.

* Why include Twitter and McClatchy News in the lawsuit?

* The importance and fundamentals of the first amendment and how this suit might affect future rulings:

* The Virginia General Assembly beginning to act on strategic lawsuits against public participation and how the commonwealth has a chance to lead again.

* How COVID-19 has impacted the progress of the lawsuit and how it has affected her business and personally.

Quoted from the References:

"But Twitter, while they do have rules for what users are allowed to post, should not have a quasi-judicial role forced upon it. It is not for Twitter to go through the detailed analysis of determining when and if defamatory statements are made. It is for Twitter to do its best to adhere to its own standards in a neutral fashion. We should not scare online platforms out of existence for fear of lawsuits." – Jessica Levinson, professor and the director of the Public Service Institute at Loyola Law School, Los Angeles

References:

* Hashing It Out Podcast - The Washington Times

* What GOP Rep. Devin Nunes' Twitter defamation lawsuit says about the future of defamation law - Jessica Levinson, professor at Loyola Law School

* Devin Nunes, Johnny Depp lawsuits seen as threats to free speech and press - The Washington Post

* House Bill No. 759

* Mair Strategies, LLC

Subscribe to the show!

If you liked this podcast, please support it by subscribing either on Apple Podcasts, Google Podcasts, TuneIn, or

Norm Leahy and J.R. Hoeft on...

* Face Masks and Civil Liberty

* The necessity of a new State budget

* Moving local elections scheduled for May to November and bumping the primaries to June 23

In J.R.'s interview with Liz...

* The objective of communications: not to make yourself the story!

* What took her from practicing debt financing law in England to working on RNC digital efforts in 2008 and why five-year plans are nice, but not always necessary.

* The influence of David Gough on getting her into working in conservative politics.

* How she ended up on the right, despite some significant influences from the left when growing up. The influence of 1978-79 on British political history. Council houses and property rights. Scottish nationalism. Seattle and free trade. Intellectual property.

* What does it mean to have a “political home”? Do party members always have to agree? The importance of “showing up” and how breaking with a party is an abdication of being able to influence it.

* Because she doesn’t have complete orthodox GOP/pro-Trump views, does she feel the Nunes lawsuit is retribution?

* Surveillance, FISA Court, and civil liberties.

* Why it’s unique that the lawsuit against her is being brought in Virginia and what it means to the First Amendment and our Constitution.

* Why include Twitter and McClatchy News in the lawsuit?

* The importance and fundamentals of the first amendment and how this suit might affect future rulings:

* The Virginia General Assembly beginning to act on strategic lawsuits against public participation and how the commonwealth has a chance to lead again.

* How COVID-19 has impacted the progress of the lawsuit and how it has affected her business and personally.

Quoted from the References:

"But Twitter, while they do have rules for what users are allowed to post, should not have a quasi-judicial role forced upon it. It is not for Twitter to go through the detailed analysis of determining when and if defamatory statements are made. It is for Twitter to do its best to adhere to its own standards in a neutral fashion. We should not scare online platforms out of existence for fear of lawsuits." – Jessica Levinson, professor and the director of the Public Service Institute at Loyola Law School, Los Angeles

References:

* Hashing It Out Podcast - The Washington Times

* What GOP Rep. Devin Nunes' Twitter defamation lawsuit says about the future of defamation law - Jessica Levinson, professor at Loyola Law School

* Devin Nunes, Johnny Depp lawsuits seen as threats to free speech and press - The Washington Post

* House Bill No. 759

* Mair Strategies, LLC

Subscribe to the show!

If you liked this podcast, please support it by subscribing either on Apple Podcasts, Google Podcasts, TuneIn, or

Norm Leahy, columnist with The Washington Post, and I look at absentee voting in the age of the Coronavirus, rethinking the state budget, and the 7th District Congressional Race. The interview is with Eric Wilson, a digital communications strategist and candidate for the Republican Party of Virginia State Central Committee. We talk about an initiative he is working on, “Build and Grow RPV.”

“Virginia should be the center of excellence for state parties across the country. It should be a testbed for our party because we have elections every single year. That’s a perfect environment…for innovating, for testing, and learning. But we’ve just sort of grown stagnant.” - Eric Wilson

Show Notes:

I asked Mary Lynn Pinkerman, General Registrar, City of Chesapeake several questions related to the city’s preparation for the upcoming May election.

1 - Absentee

voting began March 20 - does the pace in Chesapeake indicate a higher turnout

than regular years?

* Yes, but we have worked with Public Communications to get the word out to vote absentee by mail.  The Department of Elections website also is encouraging this as well.

2 - How many

ballots have been requested and returned to date?

* 1664 [have been requested]. It is still so early as the ballots have only been mailed within the past 10 days, so we have only had 58 returned so far.

3 - Has the

city taken any measures to increase the number of ballots available?

* We are reallocating ballots from Election Day to Absentee to reduce the waste of funds.

Has the

budget been increased?

* No

Are you

getting any additional financial support from the state?

* No

4 - Do you

have any different procedures in place than you would for a normal election?

* Yes. We are waiting to hear more information in the next couple of days from the Department of Elections as to how to proceed on Election Day.  Because the City of Chesapeake offices are closed to the public, we are having to do curbside voting for all voters who come to do in-person absentee voting.  We want that to be a last resort, and for voters to please use the online and mail options as much as possible for their safety as well as the staff.

Senate Republicans again reiterated their concern about the budget in a letter to Governor Northam:

Provided the June 10 expiration of Executive Order 55 remains operative, most of Virginia’s economy will have been shut down for a three-month period. With a profoundly negative effect on anticipated state revenues inevitable, it would be fiscally reckless to enact House Bills 29 and 30 without extensive revisions reflecting the expected shortfall. As the April 11 deadline for amending the 2018-2020 and 2020-2022 Biennial Budgets is now less than two weeks away, we urge you to submit amendments that accurately reflect our new fiscal reality. By using the 2018-2020 Biennial Budget – as originally enacted in 2018 – as a baseline, we could significantly minimize the disruptions to the Commonwealth and its citizens resulting from the current suspension of economic activity.

In my interview with Eric Wilson, we discuss:

* Going from Texas to Capitol Hill (intern for Rep. Michael Burgess)

* Working on campaigns with Patrick Ruffini and Mindy Finn