The Best Of The Drifts - More Genarlow Wilson and Eric Johnson

Originally published October 28,2007

Shame

It would be easy to say ignorance abounds, but that would be laying the light switch on the peckerwoods when they deserve the full strop.

Shall we begin with Senate President Pro Tem Eric Johnson?

He, who when responding to a CNN inquiry regarding Genarlow Wilson's acquittal on a particular charge, responded "it was rape in my mind".

When legislation was presented to take fair, unanimous correction of a heinously unjust law back through the throes of time to include the very soul who inspired such urgency for reformation, how did Senator Johnson respond?

With a tut-tut, he queried, how could the legistature in good conscience rewrite law to undo the good faith process of the judiciary? Had not the judiciary spoken in the matter of Genarlow Wilson?

Senator Johnson repeatedly asked us, the good people of Georgia, to trust the judicial process, for it was that holy institution which had convicted Genarlow Wilson and who were we, the people and the representatives of the people, to second guess the will of the Wilson jury in their wisdom?

But apparently the will of the judicial system only matters when it is convenient.

Following yesterday's ruling by the Supreme Court of the State of Georgia that Wilson's sentence constituted "cruel and unusual punishment", Senator Johnson issued the following statement.

By a single vote, the Supreme Court has opened the door for the release of hundreds of sexual predators. But equally disturbing is the fact that this activist court is once again clearly defying legislative intent. This case has never really been about Genarlow Wilson. It has been about the rule of law. The General Assembly did change the law related to minors having oral sex, but it expressly declined to make this law retroactive to those sentenced under previous laws. By ignoring this part of the legislature's wishes, this court has deliberately chosen to disregard the General Assembly's Constitutional authority. This is troubling to me and it should be to all Georgians.

What should be troubling to all Georgians is the the second most powerful man in the Senate implored us to ignore the sentence of a jury because we should trust what is "rape in his mind", then told us we should not change the law because we should trust the decision of the jury but when mule finally comes home to kick now tells us we shouldn't trust "activist judges" who seek to rewrite the "good" law so heavily weighed by our trustworthy legislators.

It is so terribly hard to keep count on who we should trust.

But here is an easy score to mark. When the Genarlow Wilson decision came down, on that clear day of justice and rectitude, certain leaders in the Republican Party and their personal harpies in the media chose not quiet restraint but instead opted for fakery and obfuscation.

The Best Of The Drifts - Eric Johnson and Genarlow Wilson

Originally published June 28, 2007

Choices

Once, as I lay whining, a friend told me it was all about choices. I continued to whine about the unfairness of it all and he simply responded, I was still making a choice -even if it was one I considered unpleasant.

On January 31, 2004, Genarlow Wilson chose to enter a hotel room filled with teenage friends, alcohol and possibly drugs. What followed could have been just another mythical teenage party, details relayed in whispers and giggles as the high school students continued towards graduation and life afterward. But in this modern age of fascination with capturing every moment of life, they brought along a video camera.

If not for the camera sitting in the corner of the room, the entire sordid scene might have been written off as another episode of teenage extravagance and experimentation. Foolish, but hardly criminal.

However, forever etched in video were the acts of that night, including a 15 year old girl performing oral sex on a line of young men; a procession which included 17 year old Genarlow Wilson.

Georgia Code at the time stated aggravated child molestation included sodomy, i.e. oral touching, with any person under the age of 16. Court transcripts reveal the Wilson jury struggled with the restrictive law but in the end were compelled to convict on the charge. Unknown to the jury and most of the public, due to mandatory sentencing, Wilson would be sent to jail for 10 years.

Following the Wilson conviction, public outrage quickly formed, reaching such lofty institutions as ESPN and the New York Times. A poorly written law had snared Genarlow Wilson, amplifying his initial bad choice into consequences which would follow him for the rest of his life. The people of Georgia demanded correction for such an obvious injustice.

On March 30, 2006, Senator Eric Johnson made a choice.

He joined the near unanimous majority in the Georgia legislature in amending the Georgia statutes for aggravated child molestation to include an exception for minors engaged in consensual oral sex. (HB-1059). As amended, if the law had been in effect at the time of Wilson's arrest he would have faced at most a misdemeanor. However, the legislature left one piece of business on the table. The change was not retroactive. Genarlow Wilson would not be freed without further action.

In the Spring of 2007, Eric Johnson faced another choice.

The Republican Party had recently swept into power in the Georgia Senate and Johnson was named President Pro Tem; a powerful position which would allow Johnson to shape the session to his caucus's will.

There can be little doubt Senator Johnson was aware of a bill filed by Senator Emmanuel Jones attempting to once again amend the aggravated child molestation statute. The bill proffered would allow any person convicted under the previous law to petition the original presiding judge to overturn the current sentence.

Senator Johnson could have worked behind the scenes tailoring the bill as narrowly as possible to prevent waves of legal maneuvering from actual child predators while insuring Wilson received a fair chance at release. It would have certainly made sense as most Georgian's believed the young man's imprisonment unjust.

If Johnson had reservations about the legal technicalities of retroactively unraveling legislation, he could have used this reasoning to defeat the bill in committee or on the floor. Some concerns were legitimate. It certainly would chafe against the bedrock principles of our legislative system to begin forming laws for individuals instead of the whole. But if the law were overly broad, the judicial system could face a nightmare of legal challenges on countless previous convictions.

Sitting on the crux of the choice, Senator Johnson chose a third way.

On February 20, 2007, Senator Johnson rose from his desk to speak on Senator Jones bill. What followed was an excoriation of Wilson and the activities of that long ago New Year's Eve; a rant filled with fabrication and fancy. He painted Wilson as a predator who used a drug filled, alcohol soaked orgy to willfully take advantage of children. He even indicated Wilson had sex with an unconscious minor; an allegation which even the prosecutor disputes. When confronted by a CNN reporter, despite Wilson's acquittal on rape charges, Johnson responded, "It's a rape in my mind".

Eric Johnson certainly faced many choices in the last legislative session, arguably none more controversial than Wilson's plight. Instead of choosing the route of quiet leadership, instead of advocacy for legislative restraint, Johnson chose demagoguery.

In the span of one year, Senator Johnson converted from a supporter of justice for those who would suffer Genarlow Wilson's fate to a fiery apostle delivering a message of deserved punishment against a boy he now viewed as a monstrous evil waiting to once again be released upon the children of Georgia.

All choices are backed by reason. Of the choices surrounding the Genarlow Wilson affair, we know the reasoning for all except one.

What caused Senator Eric Johnson to appeal to our most base human instincts, the fear of the overpowering sexual monster, in an effort to keep a young man who is no apparent threat to society imprisoned?

It is a question which deserves to be answered.

Political Hardball

During a time when the public is in an uproar about the shenanigans at the Capitol, Karen Handel says the culture at the Gold Dome is full of "sex, lies and lobbyists".

That's good politics.

During a fiscal crisis where everyone in the state is taking furloughs, Rep. Ben Harbin slyly slips in a comment about how Handel has not taken any furlough days.

That's also good politics.

Erick "Glass Jaw" Erickson vehemently defends Handel and also slurs Harbin.

Might be good politics. Might be petulance parading as politics. In the media age of Erick's heroes (Rush, Sean, etc.), it becoming difficult to tell the difference.

Predictions Surely To Be Wrong

My batting average is usually more Ted Simmons than Ted Williams, but I have been on a bit of a hot streak lately.

Predictions Surely To Be Wrong:

Larry O'Neal will be the next Speaker of the House - Despite the chirping of the bloggeratti, the status quo usually wins and O'Neal is as status quo as status quo can get.

Nathan Deal will drop out of the Governor race - Let's see, what happens when you combine no name recognition with anemic fundraising and a brewing ethics complaint? Oh yeah. You duck and cover as fast as you can. What this means for Tom Graves campaign in the 9th, no one knows.

And John Oxendine won't be far behind - Numbers stalled. And now this. He'll bow up and fight for a while but eventually all these ethics body blows will take the wind out of him.

Eric Johnson will survive for now - He always survives and he'll slip through the current crap storm relatively stain free. However, when the rubber hits the road or rather the grease hits the palm, Johnson won't have enough of the green Crisco to fry the bacon. Which leaves...

Karen Handel will be the Republican nominee - It's a good time to be a constitutional officer not named Oxendine. Handel isn't even in the same neighborhood as the current Republican mess. Welcome to the Democrat's worst nightmare. Because although they won't admit it in public, they all know their history. And history shows that all Madame Secretary has ever done is win.

#1 On My Top Ten Blog Stories Of The Year won't be hard to guess - Number 1 was pretty clear until about three weeks ago. Look for the list to start dribbling out of my brain over the next week.

Ahem. Mr. Galloway.

I'm going to attempt to avoid profanity but it will be difficult.

Blogging is the new journalism, we’re told. And so all bloggers are journalists, right? Not really. ~AJC's Political Insider Jim Galloway

No kidding.

Let's get the karmic band-aid out of the way first. Jim Galloway is one of the finest journalists in this town and if the AJC ever lost him, I doubt they would recover.

Now.

For over three years, there has been a conversation in this town about journalism, blogging, where the two meet and where they don't meet. As far as I know, Jim Galloway has never been a participant. The ignorance of his statement bears witness to this fact.

My only personal interaction with Jim was when I went to the Newt Gingrich love fest at the Galleria. I introduced myself and he complimented my writing which was very nice of him. He then told me I was too late, they'd already talked to the bloggers.

Because you see - a blogger wouldn't attend an event to get a story - one would only attend to be spoon fed whatever was covered in the "blogger meeting".

Let me share something with you, Jim. Blogging is not the new journalism. Journalism does occur on blogs, although getting some of your cohorts to admit this tiny fact is akin to convincing a flat earther the moon landings really happened.

And lot's of other things occur on blogs. We come in many varieties, cover many topics and we'll even admit we have different levels of quality. You see, we're not this monolithic creature which simply vomits the same thing over and over. And every time I hear a newspaper person, the supposed guardians of the truth, use this easy fallacy, my respect for your industry slips a little further.

Now, about Erick Erickson.

Jim's ridiculous statement led to an analysis of Erick Erickson's latest ugliness which led to the pearl clutching discovery that not all bloggers are journalists and perhaps the state's largest blog, Peach Pundit, is not a transparent temple of the truth. Get out the fainting couch.

If Jim was going to pick a finer example to portray blogs as non-journalistic, I couldn't think of a better one.

After all, over the years Peach Pundit has:

• Published a front page writer who failed to disclose his connections to campaigns and has published false stories. (By the way, Jim - Peach Pundit is the only Georgia blog I know where he wouldn't be booted on his ass immediately)
• Published anonymous tips without any attempt at confirmation.
• Been a vehicle for Erick's personal witch hunts. Witch hunts disguised as expose but backed by evidence so thin, The National Enquirer would blanch.
• Witch hunts which skate perilously close to libel.
• And has generally chosen to use the worse characteristics of a political spin machine as its modus operandi.

Peach Pundit isn't a journalistic outfit? Tell us something we don't know.

Peach Pundit is a monument to ego (Jim, you should ask Erick about his rolodex - he's proud to brag it's bigger than John Oxendine's) which loves nothing more than to wallow in the mostly Republican mud but when called out, snouts up its few mealy-mouthed Democrat contributors (one who happens to be the aforementioned false reporting scoundrel) and squeal "Objectivity! Objectivity!"

But they are the cool kids, so of course the establishment runs to them for a good story. After all, they and the establishment slop at the same trough with the same obvious result emerging from the other end. Garbage in, garbage out.

Jim, just because Peach Pundit is the biggest and baddest doesn't mean they're the best. And just because they are the most popular doesn't mean the rest of us want to be just like them.

And you, Jim, are the best in the business at telling us things we don't know. Please, return to that rewarding venue and leave this isle of tropes far behind.

Random Thoughts

Of course the day after I say I'm going to rededicate myself to writing, I find I have no time for writing. But there are two thoughts I keep rolling around my head.

-Erick Erickson has unleashed another vicious screed against President Jimmy Carter. I am willing to debate Carter's presidency and his impact on world affairs all day long, but it drives me insane when people start questioning his Christianity. Erick Erickson is exactly the type of person who drove me away from Christianity. Jimmy Carter is the type of person who tempts me to give it another try. Who is truly a fisher of men? (Matthew 4:19)


-Some time back, Thomas Wheatley and I discussed the need for a journalism town hall in Atlanta similar to the one held this spring in Chicago. Unfortunately, since that initial conversation, we've both been busier than two mules pulling a 4 team hitch. But with all the disparate meetings happening around town, I still think it would be valuable. But only if it were immediately followed up by a unconference BarCamp. And I don't mean a "half day of presentations followed by breakout sessions" meeting. I mean an honest-to-god unconference where we put a boatload of smart people in a room with butcher paper, magic markers, let them scribble their crazy ideas, then get together with people who want to discuss that idea and see what happens. And it needs to include more than journalists and bloggers. It needs to have entrepeneurs, web people, SEO people, marketing people and ad people. I bet you a shiny nickel it will result in at least one potential solution to the "how does news survive" problem.

Two thoughts that keep rolling around my head. I'm sure another one will start rollling soon.

My Morning Wooten

Apparently when it comes to Lt. Gov. candidate Eric Johnson, Jim has a blind spot similar to the veil cast by Sarah Palin. Since Sen. Johnson supports one of Jim's pets - school vouchers - he must be a straight shooter.

I’m getting OD’ed on drama in office. I want competence and I want honesty. No games. No hidden agendas. I’ve come to admire officials like former Senate Pro Tem Eric Johnson (R-Savannah), who has been passionate about school vouchers. He tells you what he believes and works diligently to give parents an alternative

Let's take a look at Sen. Johnson's honesty.

June 27, 2007

A young girl charged them with rape. The police arrested them. A district attorney chose to prosecute them. A grand jury decided to indict them. And a jury convicted them.

Genarlow Wilson was acquitted of rape. But why let facts get in your way.

February 21, 2007

if Genarlow Wilson had simply had the oral sex with the 15 year old, we would probably not be dealing with this.

Genarlow Wilson's only conviction stemmed from having oral sex with the 15 year old - based on a law so unjust Sen. Johnson voted to modify it the following year.

February 19, 2007

The young men, including Mr. Wilson, engaged in multiple acts of intercourse with the 17-year old, even after she was passed out drunk and high on drugs. In fact, Mr. Wilson is videotaped abusively having sex with the passed out girl – a fact ignored by the media, but witnessed by the jury.

The jury concluded the 17 year old not only was not passed out but was able to give consent.

February 19, 2007

My personal opinion is that the jury would have preferred to convict him of the rape charge due to sex with the older girl after she was passed out and incapable of consenting, but since she had earlier had consensual sex, they felt they couldn’t.

Polling of the jury and transcripts gave no indication the jury preferred to convict Genarlow Wilson of rape. In fact, they clearly indicated the 17 year old gave consent and struggled with the issue of the 15 year old girl. These facts did not stop Sen. Eric Johnson implying jury misconduct.

Honesty. It is a rare thing these days. So rare, an AJC editorial writer sees it in places it has long left.