House of Delegates vote rejecting the Senate amendments to HB 1160, Unlawful detention of United States citizens

STATEMENT OF: Delegate Bob Marshall SUBJECT: House of Delegates vote rejecting the Senate amendments to HB 1160, Unlawful detention of United States citizens

DATE: Tuesday, Marcy 6, 2012

I am disturbed by the secretive, backdoor way in which my HB 1160 is being “handled” by the Governor’s office.

My legislation seeks to keep Virginia from participating in the indefinite detention of U.S. citizens with no criminal records, no trial, no legal counsel, no charges and no day in court under the federal National Defense Authorization Act.

It is very disturbing that, after three days of refusing to address HB 1160, the House of Delegates has rejected the Senate amendments in order to send the bill to a conference committee to “work out” differences between the House and Senate versions.

The Governor’s office opposed the bill in its original form and seems to have concerns about the Senate version, as well. The Governor’s office has never consulted me, the author of HB 1160, or Senator Chap Petersen, the author of the Senate amendments, but instead has relayed concerns to Delegate Tim Hugo, chairman of the House Republican Caucus. The Governor’s office now claims support for HB 1160 but has “concerns,” none of which were communicated to me or to Sen. Petersen.

Today, after three days of stalling tactics that caused outraged Virginians to contact their delegates, I finally got a House of Delegates vote on HB 1160, but I am distressed that this most recent maneuver might be an effort to kill the bill by sending it to a conference committee “never never land.”

The U.S. Constitution provides for suspending habeus corpus in the event of invasion, but Congress did not reference that provision when it passed NDAA. That provision, and a similar one in the Virginia Constitution, are what separates us from the likes of Nazis, Communists and other totalitarian governments.

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NOTE: Virginia Legislative Information Service description of HB 1160

Unlawful detention of United States citizens. Prevents any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency of the armed forces of the United States in the conduct of the investigation, prosecution, or detention of a United States citizen in violation of the United States Constitution, Constitution of Virginia, or any Virginia law or regulation.

Delegate Bob Marshall's contact information: Mobile telephone – (703) 853-4213 Capitol telephone – (804) 698-1013 (during General Assembly sessions)

House Nixes Delegate Bob Marshall's Homeowner Justice Amendment

RICHMOND, March 2 – Delegate Robert Marshall sought today to require that a $68.9 million received in a settlement payment by the state attorney general’s office actually be used for the settlement and not for other purposes. Marshall’s proposal was an amendment to legislation for the fiscal 2013 state budget that the funds “provided from the Mortgage Servicing Settlement Agreement may only be used for the purposes for which the attorney general's settlement was made.”

The amendment was rejected by the Virginia House of Delegates on a 28-70 roll call vote.  Then The House passed the budget bill, 87-12, and sent it to the Virginia State Senate.

Marshall’s amendment targeted money that is part of a landmark $25 billion multi-state settlement agreement with the nation’s five largest mortgage servicers over foreclosure abuses and fraud.  State Attorney General Ken Cuccinelli announced Feb. 9 that his office had joined Virginia to the agreement.

“It was worth a try,” Marshall (R., Manassas) said of his amendment.  “While we struggle here to balance the state budget during difficult economic times, our state government seems to insist on robbing Peter to pay Paul with the state’s finances.  That’s a very strange way to keep the books when we are dealing with the people’s money.”

According to the attorney general’s news release announcing the settlement, the proposed agreement provides $479,594,672 in direct relief or other benefits to the Commonwealth and Virginia home borrowers, and addresses future mortgage loan servicing practices.  Included in that figure is a direct payment to the Commonwealth of $69,6576,121, according to the news release.

The mortgage servicers are Bank of America, J.P. Morgan Chase, Wells Fargo, Citigroup, and Ally Financial/GMAC.

Other terms of the settlement include:

Virginia's home borrowers will receive an estimated total of $409,937,551.22 in benefits from loan term modifications and other relief.

Virginia's borrowers who lost their homes to foreclosure from January 1, 2008, through December 31, 2011, and suffered servicing abuse qualify for approximately $31,301,320.91 in cash payments.

The value of refinanced loans to Virginia's underwater borrowers will be an estimated $84,309,742.00. The Bureau of Financial Institutions at the State Corporation Commission, as Virginia's banking regulator, also joined the settlement and will receive an additional $1,000,000.

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Delegate Bob Marshall's contact information:

Mobile telephone – (703) 853-4213

Capitol telephone – (804) 698-1013 (during General Assembly sessions)

E-mail addresses – delegatebob@gmail.com and bob@delegatebob.com

www.delegatebob.com

www.youtube.com/user/delegatebobmarshall

www.twitter.com/RobertGMarshall

www.facebook.com/delegatebob

Delegate Bob Marshall's Letter to Colleagues on HB1160

Attention: Editors, News Directors and Reporters FYI, below is a letter Delegate Bob Marshall (R., Manassas) distributed Thursday (March 1) evening to his colleagues in the Virginia House of Delegates regarding his pending HB 1160 (Unlawful detention of U.S. citizens).  The legislation is scheduled for final House consideration Friday (March 2).

Also FYI, below is the news release Marshall issued Tuesday (Feb. 28) after the Virginia State Senate, on a 38-1 roll call vote, passed HB 1160 with a clarifying amendment.

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Colleagues —

House consideration of HB 1160 (Unlawful detention of U.S. citizens) was put over until tomorrow [Friday, March 2].  I urge the House to adopt the Senate amendment, which does all that the House bill did, but with fewer words.

I drafted the original bill.  Then I worked with Delegate Albo in developing the House language, and worked with Senator Petersen in developing the Senate language.  In all of its versions, the bill has always had the same core — banning the Commonwealth, its agencies, and its subdivisions from aiding the federal government in detaining Virginia citizens under Section 1021 of the National Defense Authorization Act (“NDAA”).  (The original house bill, and the bill as amended in the Senate, appear below.)

There is reason to believe that our effort in Virginia and many other such efforts in other states are having an effect.  Yesterday, the U.S. Senate Judiciary Committee held a hearing about this foolish provision of federal law — that had been buried in a 900-plus page bill.  Senators Feinstein and Paul and others have introduced a bill to undo this provision, and there is a similar bill in the House, but we cannot assume either will be enacted.  It remains important for the General Assembly to take a stand and pass this bill.

Along the way I have been told that the bill was too short, then too long, now too short again.  I was told it was too broad, and then told it was too narrow.  Some said it was not needed since the power has not been abused — but the law was just signed December 31.  Some said that it was not needed since President Obama said he would not use this authority — but why should any President be given such power.  Actually, like Goldilocks and the Three Bears, I think it is in the middle — “just right.”  Here’s why.

Nothing of substance has changed in my bill.  First, the surplus language at the end of the House bill (underlined below) was deleted, as it is the General Assembly that has determined that cooperation with detaining Virginians under NDAA is wrong — the decision would not be left to others.

Second, the bill applies to any “agency” of Virginia government, state, county, or local.  This triggers the definitions contained in section 8.01-385 and by its terms “agency” includes “Departments,” which includes the Department of Military Affairs, which is comprised of the Virginia Army National Guard and the Virginia Air National Guard and the Virginia Defense Force.  (Of course, if the National Guard is called up, it is in “actual service” of the federal government, and takes on a new status and is removed from the control of the Governor under Virginia and Federal law.  A Virginia law cannot affect what the National Guard members do while in actual federal service.)

Third, this bill prohibits state aid to any agency of the United States.  That includes, but is not limited to the Armed Forces of the United States — which was the subject of NDAA.

Fourth, since the terms of NDAA deal with detention, this bill is limited to not aiding in the “detention” of Virginians.  Concerns were raised about prohibiting involvement with “investigations,” as those could be valid reasons to investigate under other laws.  There was no reason to prohibit involvement with “prosecutions,” as the precise problem was that the federal government now claims the power to incarcerate indefinitely without commencing any prosecution.

The bill is supported by groups from the Virginia ACLU to Gun Owners of America.  Among the groups supporting this bill is the Japanese American Citizens League which sent a letter to each Senator telling them the story of the terrible detention of over 110,000 Japanese Americans during World War II as “suspected enemy aliens.”  The letter concludes “Virginia has the opportunity to stand up to an unjust application of Congressional authority.  The American people need somebody to stand up against this injustice.  HB 1160 is a tool that does just that; it stands up for the American people by respecting the basic principles of the Constitution.”

This bill does all that Virginia can do to keep from participating in improper actions of the federal government.  It passed not just bi-partisan majorities, but by truly overwhelming margins in the House and Senate.  There is no real dispute as to substance.  I urge my colleagues to adopt the Senate amendments.

- Bob Marshall

February 14, 2012 – Passed in the House (96-Y, 4-N)

§ 1. Notwithstanding any contrary provision of law, no agency of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, political subdivision of the Commonwealth as defined in § 8.01-385 of the Code of Virginia, employee of either acting in his official capacity, or member of the Virginia National Guard or Virginia Defense Force, when such a member is serving in the Virginia National Guard or the Virginia Defense Force on official state duty, shall aid an agency of the armed forces of the United States in the conduct of the investigation, prosecution, or detention of any citizen pursuant to 50 U.S.C. § 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-18, § 1021) if such aid would place any state agency, political subdivision, employee of such state agency or political subdivision, or aforementioned member of the Virginia National Guard or the Virginia Defense Force in violation of the United States Constitution, the Constitution of Virginia, and provision of the Code of Virginia, any act of the General Assembly, or any regulation of the Virginia Administrative Code.

February 28, 2012 – Passed Senate with Amendment (39-Y, 1-N)

§ 1. Notwithstanding any contrary provision of law, no agency or political subdivision of the Commonwealth, or employee of same acting in his official capacity, shall aid an agency of the United States in the unlawful detention of any United States citizen pursuant to 50 U.S.C. § 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-81, § 1021).

Delegate Bob Marshall's contact information:

Mobile telephone – (703) 853-4213

Capitol telephone – (804) 698-1013 (during General Assembly sessions)

38-1 Roll Call Vote

STATE SENATE PASSES MARSHALL’S HB 1160 WITH 38-1 BIPARTISAN VOTE

Now Legislation Returns to House of Delegates for Approval of Clarifying Amendment

 

RICHMOND, Feb. 28 – Delegate Bob Marshall said today that he is “deeply gratified” that the Virginia State Senate has passed his bill to protect Virginians from having to participate in the unconstitutional detention of United States citizens by federal authorities.

“I am hopeful that Governor McDonnell will sign this bill,” Marshall (R., Manassas), and that this law will provide an important protection for Virginians against improper federal action.  Moreover, it is my hope that other states will follow Virginia in responding to Washington, D.C.’s latest overreach, and that Congress will re-think this unconstitutional action.”

The Senate passed Delegate Bob Marshall’s HB 1160 to bar Virginia from assisting the federal government in the unlawful detention of United States citizens under an obscure provision of the 2012 National Defense Authorization Act passed by Congress.

The Senate approved Marshall’s bill today by a 38-1 roll call vote.  It now must be returned to the Virginia House of Delegates for its approval of the clarifying Senate amendment, which vote probably will come tomorrow or Thursday.  The House passed the original bill on Feb. 4 by an overwhelming 96-4 roll call vote.

“This action is a repudiation of the unlawful action of Congress,” Marshall said after the Senate vote.  “The Constitution is to be followed, not abused.  The people of Virginia have spoken through their elected representatives in the General Assembly in rejecting a federal law purportedly giving the military the power to indefinitely detain American citizens without charges, counsel, or trial.

“I am deeply gratified that today the Virginia State Senate passed my bill HB 1160 by the overwhelming vote of 38-1.  The near-unanimous Senate vote follows passage of HB 1160 in the House of Delegates by a vote of 96-4.  Almost all Republicans and Democrats joined together in a great bipartisan effort to tell the Federal Government that these are powers that no President should be entrusted with.

The House vote occurred Feb. 4.  By a 20-20 tie vote, HB 1160 survived a Senate motion yesterday to send it back to its Courts of Justice Committee

“Twenty-four hours after the Virginia State Senate nearly killed my bill, thousands of Virginians learned that our liberties were on the line, and they made their views known.  Groups from the Virginia American Civil Liberties Union to Gun Owners of America, National Association for Gun Rights, Virginia Libertarians, DownsizeDC.org, various Tea Party groups, and Campaign for Liberty, and many others, all publicly endorsed HB 1160.  The bipartisan nature of the vote today shows that Virginians are joining together to defend their liberties.”

“I want to thank my friend and colleague Senator Chap Petersen (D, Fairfax) for working with me on a clarifying amendment that I wholeheartedly supported, and for the forceful arguments offered on the floor by both State Sen. Dick Black (R, Leesburg) and State Sen. Richard Stewart (R, Montross).”

Peterson responded: “The unlawful detention of United States citizens is wrong, and here in the Commonwealth we will never assist in the detention of others, no matter the state of war that we may be in, or no matter the emergency.  The rule of law must persist in our nation, regardless of circumstances, or we shall fail in our commitment to justice.”

Marshall said the Senate-amended bill “makes it crystal clear that no one in the Virginia government ‘shall aid an agency of the United States in the unlawful detention of any United States citizen’ under the National Defense Authorization Act.

“Truly, such detentions would be unlawful just as the bill states,” Marshall said.

“I particularly want to thank the Japanese American Citizens League, which sent a letter to each senator telling them the story of the terrible detention of over 110,000 Japanese Americans during World War II as ‘suspected enemy aliens.’  The letter concludes: “Virginia has the opportunity to stand up to an unjust application of Congressional authority.  The American people need somebody to stand up against this injustice.  HB 1160 is a tool that does just that; it stands up for the American people by respecting the basic principles of the Constitution.”  I am proud to stand with these patriotic Americans.”

The Senate’s clarifying amendment reads: “Notwithstanding any contrary provision of law, no agency or political subdivision of the Commonwealth, or employee of same acting in his official capacity, shall aid an agency of the United States in the unlawful detention of any United States citizen pursuant to 50 U.S.C. §1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-81, § 1021).”

A House vote is expected tomorrow or Thursday.

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Delegate Bob Marshall's contact information:

Mobile telephone – (703) 853-4213

Capitol telephone – (804) 698-1013 (during General Assembly sessions)

E-mail addresses – delegatebob@gmail.com and bob@delegatebob.com

www.delegatebob.com

www.youtube.com/user/delegatebobmarshall

www.twitter.com/RobertGMarshall

www.facebook.com/delegatebob

 

State Senate Passes Marshall's HB1160 with 38-1 Bipartisan Vote

38-1 Roll Call Vote  Now Legislation Returns to House of Delegates for Approval of Clarifying Amendment

RICHMOND, Feb. 28 – Delegate Bob Marshall said today that he is “deeply gratified” that the Virginia State Senate has passed his bill to protect Virginians from having to participate in the unconstitutional detention of United States citizens by federal authorities.

“I am hopeful that Governor McDonnell will sign this bill,” Marshall (R., Manassas), and that this law will provide an important protection for Virginians against improper federal action.  Moreover, it is my hope that other states will follow Virginia in responding to Washington, D.C.’s latest overreach, and that Congress will re-think this unconstitutional action.”

The Senate passed Delegate Bob Marshall’s HB 1160 to bar Virginia from assisting the federal government in the unlawful detention of United States citizens under an obscure provision of the 2012 National Defense Authorization Act passed by Congress.

The Senate approved Marshall’s bill today by a 38-1 roll call vote.  It now must be returned to the Virginia House of Delegates for its approval of the clarifying Senate amendment, which vote probably will come tomorrow or Thursday.  The House passed the original bill on Feb. 4 by an overwhelming 96-4 roll call vote.

“This action is a repudiation of the unlawful action of Congress,” Marshall said after the Senate vote.  “The Constitution is to be followed, not abused.  The people of Virginia have spoken through their elected representatives in the General Assembly in rejecting a federal law purportedly giving the military the power to indefinitely detain American citizens without charges, counsel, or trial.

“I am deeply gratified that today the Virginia State Senate passed my bill HB 1160 by the overwhelming vote of 38-1.  The near-unanimous Senate vote follows passage of HB 1160 in the House of Delegates by a vote of 96-4.  Almost all Republicans and Democrats joined together in a great bipartisan effort to tell the Federal Government that these are powers that no President should be entrusted with.

The House vote occurred Feb. 4.  By a 20-20 tie vote, HB 1160 survived a Senate motion yesterday to send it back to its Courts of Justice Committee

“Twenty-four hours after the Virginia State Senate nearly killed my bill, thousands of Virginians learned that our liberties were on the line, and they made their views known.  Groups from the Virginia American Civil Liberties Union to Gun Owners of America, National Association for Gun Rights, Virginia Libertarians, DownsizeDC.org, various Tea Party groups, and Campaign for Liberty, and many others, all publicly endorsed HB 1160.  The bipartisan nature of the vote today shows that Virginians are joining together to defend their liberties.”

“I want to thank my friend and colleague Senator Chap Petersen (D, Fairfax) for working with me on a clarifying amendment that I wholeheartedly supported, and for the forceful arguments offered on the floor by both State Sen. Dick Black (R, Leesburg) and State Sen. Richard Stewart (R, Montross).”

Peterson responded: “The unlawful detention of United States citizens is wrong, and here in the Commonwealth we will never assist in the detention of others, no matter the state of war that we may be in, or no matter the emergency.  The rule of law must persist in our nation, regardless of circumstances, or we shall fail in our commitment to justice.”

Marshall said the Senate-amended bill “makes it crystal clear that no one in the Virginia government ‘shall aid an agency of the United States in the unlawful detention of any United States citizen’ under the National Defense Authorization Act.

“Truly, such detentions would be unlawful just as the bill states,” Marshall said.

“I particularly want to thank the Japanese American Citizens League, which sent a letter to each senator telling them the story of the terrible detention of over 110,000 Japanese Americans during World War II as ‘suspected enemy aliens.’  The letter concludes: “Virginia has the opportunity to stand up to an unjust application of Congressional authority.  The American people need somebody to stand up against this injustice.  HB 1160 is a tool that does just that; it stands up for the American people by respecting the basic principles of the Constitution.”  I am proud to stand with these patriotic Americans.”

The Senate’s clarifying amendment reads: “Notwithstanding any contrary provision of law, no agency or political subdivision of the Commonwealth, or employee of same acting in his official capacity, shall aid an agency of the United States in the unlawful detention of any United States citizen pursuant to 50 U.S.C. §1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-81, § 1021).”

A House vote is expected tomorrow or Thursday.

###

Delegate Bob Marshall's contact information:

Mobile telephone – (703) 853-4213

Capitol telephone – (804) 698-1013 (during General Assembly sessions)

E-mail addresses – bob@delegatebob.com

www.youtube.com/user/delegatebobmarshall

www.twitter.com/RobertGMarshall

www.facebook.com/delegatebob

Marshall Urges Vote to Block Illegal Arrests of American Citizens

RICHMOND, Feb. 27 – Delegate Bob Marshall urged the Virginia State Senate tonight to pass his bill to block Virginia’s political subdivisions, agencies, employees and National Guard personnel from assisting federal authorities or armed forces in “unlawful detention of United States citizens.” “Our liberties literally hang in the balance,” Marshall (R., Manassas) said.

Earlier today, a move by Senate Democrats to send the bill back to that body’s Courts of Justice Committee was rejected by a tie roll call vote, 20-20, after which Lt. Gov. Bill Bolling, as the Senate’s presiding officer, also cast a “nay” vote.

The bill, HB 1160, is scheduled for a vote during the Senate’s session tomorrow (Feb. 28). The Courts of Justice Committee sent the bill to the Senate floor on Wednesday (Feb. 22) by an 8-3 vote with three members abstaining. The legislation was passed by the Virginia House of Delegates on Feb. 4 by an overwhelming 94-4 roll call vote.

The Legislative Information Service describes HB 1160 as: “Unlawful detention of United States citizens. Prevents any agency, political subdivision, employee, or member of the military of Virginia from assisting an agency of the armed forces of the United States in the conduct of the investigation, prosecution, or detention of a United States citizen in violation of the United States Constitution, Constitution of Virginia, or anyVirginia law or regulation.”

At issue is an obscure Section 1021 of the 2012 National Defense Authorization Act ostensibly authorizing a United States president to use the nation’s armed forces to detain American citizens that the president believes are or have been substantial supporters of al Qaeda, the Taliban or associated groups and to hold them indefinitely, to prosecute them before a military commission, or to transfer them to a foreign country.

President Obama signed the bill into law on Dec. 31. Since then, organizations and individuals from across the political spectrum and from coast to coast have raised concerns about the law.

In that regard, Marshall noted that support of his HB 1160 is broadly diverse, ranging from Gun Owners of America and to the American Civil Liberties Union.

“There are moments in our nation’s history when our liberties literally hang in the balance,” Marshall said. “This is one of those moments. I urge the Senate to join the overwhelming vote in the House of Delegates and pass this bill – to lead the way for sovereign states to refuse to cooperate when the federal government seeks to take away the civil liberties of our citizens.”

NOTE: The full text of Marshall’s HB 1160, as well as its complete legislative history to date, can be found at http://leg1.state.va.us/cgi-bin/legp504.exe?ses=121&typ=bil&val=hb1160. · · · Delegate Bob Marshall's contact information: Mobile telephone – (703) 853-4213 Capitol telephone – (804) 698-1013 (during General Assembly sessions) E-mail addresses – delegatebob@gmail.com and bob@delegatebob.com www.delegatebob.com www.youtube.com/user/delegatebobmarshall www.twitter.com/RobertGMarshall www.facebook.com/delegatebob

Personhood Measure: What's it mean?

For your informationAttention: Editors, News Directors and Reporters

Richmond, Virginia Editorial Monday, February 20, 2012

Personhood Measure: What's it mean?

Any attempt to overturn Roe v. Wade would quickly collapse unless the courts, including the Supreme Court, are willing.

There is — to put it mildly — a slight difference of opinion about the scope of HB1, the personhood amendment sponsored by Del. Bob Marshall. Abortion-rights advocates call it nothing less than an attempt to outlaw all abortions, even in cases of rape and incest. Republican supporters of the measure say all it does is permit civil lawsuits against individuals who harm a fetus either through negligence or by assaulting the mother.

Who is right?

The bill does stipulate that life begins at conception and confers on unborn children "at every stage of development all the rights, privileges, and immunities available to other persons, citizens, and residents of this Commonwealth." That language may create, to use a cliché popular in Capitol Square, a camel's nose under the tent.But — and this is a big but — the rest of that sentence reads: "… subject only to the Constitution of the United States and decisional interpretations thereof by the United States Supreme Court and specific provisions to the contrary in the statutes and constitution of this Commonwealth."

In other words: Nothing in the bill supersedes any existing law.

Granted, if the personhood measure becomes law a rogue commonwealth's attorney might try to use it as a lever to overturn the entire edifice of abortion rights, including Roe v. Wade . But any such attempt would quickly collapse unless the courts themselves, including the Supreme Court, are willing to overturn Roe v. Wade.

And if that is the case, then HB1 is the last thing abortion-rights advocates need worry about.

Delegate Bob Marshall's contact information:

Mobile telephone – (703) 853-4213

Capitol telephone – (804) 698-1013 (during General Assembly sessions)

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Marshall Challenges Article Distorting His Remark about Mercury

Delegate Lists Sources Easily Accessed on the Internet that Prove Accuracy of His Statement RICHMOND, Feb. 16 – Delegate Bob Marshall is questioning a Richmond newspaper article accusing him of making a false claim about the danger of mercury contained in compact fluorescent light bulbs (CFLs).

“I’m truly puzzled by the reporter’s cavalier and cynical treatment of this topic,” Marshall (R., Manassas) said today in remarks during a session of the Virginia House of Delegates, here.

“This article flies in the face of well-established and readily available facts regarding the serious dangers of mercury contamination, especially to pregnant women, infants and small children.”

The article at issue was published Monday (Feb. 13) in the Richmond Times-Dispatch.  It was prepared by Times-Dispatch reporter Sean Gorman for PolitiFact, a St. Petersburg, Fla., company purporting to research and determine whether statements by public officials are true or false.  It was edited by Warren Fiske, another member of the Times-Dispatch staff and PolitiFact’s Virginia editor.

The article challenges a statement Marshall made in testimony at a Feb. 2 hearing of the House Commerce and Labor Subcommittee in which he said a shattered CFL bulb creates “a hazardous materials situation in your home.”

“If [mercury] contaminates your shoes,” PolitiFact’s article quotes Marshall as saying, “you’re supposed to throw the shoes away.”

“This is acknowledged even by proponents of CFL bulbs,” Marshall said today.

Gorman’s PolitiFact article labels the statement “false.”

Marshall listed a number of expert sources readily available on the Internet that prove the accuracy of his statement.

“I recognize that some people consider it unwise to criticize a newspaper that buys ink by the barrel and paper by the ton,” Marshall said, “but the distortions in this article are so blatant and corrupting of the facts that it must be called to the attention of readers who might be misled by it.”

CFL bulbs contain highly toxic mercury and require careful handling to protect against hazardous contamination when they are shattered or are to be discarded as trash.

“This is acknowledged even by proponents of CFL bulbs,” Marshall said, citing an April 7, 2008, MSNBC.com report about the dangers of mercury in CFL bulbs.

“All CFLs contain mercury, a neurotoxin that can cause kidney and brain damage,” according to the MSNBC.com report.  “The amount is tiny — about 5 milligrams, or barely enough to cover the tip of a pen — but that is enough to contaminate up to 6,000 gallons of water beyond safe drinking levels, extrapolated from Stanford University research on mercury. Even the latest lamps promoted as “low-mercury” can contaminate more than 1,000 gallons of water beyond safe levels. [http://www.msnbc.msn.com/id/23694819/ns/us_news-environment/t/shining-light-hazards-fluorescent-bulbs/]

MSNBC.com is owned by General Electric, a manufacturer of CFL bulbs.

The Virginia Department of Environmental Quality, in a Website warning entitled, “Fluorescent Lamps – Why Recycle Lamps?”, reports, “…it takes very little mercury to contaminate a water-body – some studies indicate that just 1 gram (or the quantity contained in 100 lamps) could contaminate a 20- acre water body! [http://www.deq.virginia.gov/p2/mercury/fluorescents/homepage.html]

Today, Marshall made available to fellow delegates a list of sources confirming his statement about discarding mercury-contaminated shoes.  He said he gave a similar list to Gorman, but the writer took some of the information out of context or changed its meaning by using only selected parts.  Other information he discarded completely.

“Many fact sheets dealing with mercury spills do not specifically speak to broken CFLs,” Marshall said, “but those that do indicate that you should open a window, close the door and let the room air out, and then not use a vacuum, broom or any other non-disposable item to clean up the broken bulb.

“It is reasonable to suppose that your clothing might become contaminated with mercury when you are cleaning up a broken CFL bulb, or that you might step on the pieces.  All the sources indicate that you should throw away contaminated clothing and not track mercury around your home.”

Several states’ Internet Websites contain warnings expressly advising that persons cleaning up small mercury spills – such as those from broken CFLs or thermometers – should wear shoe protection or dispose of shoes contaminated with mercury.  Some are:

New Jersey:  “Sources of Mercury in the Home: Some light bulbs, including fluorescent …   The small amount of mercury in a fever thermometer or fluorescent bulb is not likely to cause a problem but should still be cleaned up …Never walk around if you shoes might be contaminated with mercury…Remove your shoes and clothing and place in the trash bag.  Seal the bag with tape and discard in the regular household trash.”  [http://nj.gov/health/surv/documents/merchome.pdf]

Kentucky:  “Small spills ... from a thermometer or less …When you are finished, place the container, any tools you used including gloves and contaminated shoes & clothing into a garbage bag-double bag it for good measure.” [ http://dep.ky.gov/Documents/MercurySpills.pdf ]

Wisconsin:  “DO NOT allow people whose shoes have contacted mercury to take their shoes beyond the spill area.  Further contamination of the building may result.  The shoes should be removed and protective foot coverings, such as Tyvek booties should be provided.”

[http://www.dhs.wisconsin.gov/eh/hlthhaz/fs/mercspill.htm]

New York:  “Put on old clothes, old shoes and latex or vinyl gloves.  Put a clean change of clothes and shoes along with a clean trash bag in a safe place outside the contaminated area.  … change out of your old clothes and shoes and put them in the trash bag at the end of the cleanup.”  [http://www.health.ny.gov/environmental/chemicals/hsees/mercury/cleaning_up_a_small_mercury_spill.htm]

Michigan: [pea size bead of mercury or less] “Don’t enter or allow any person to enter a contaminated area without shoe covers…Don’t leave a contaminated area wearing contaminated clothing … contaminated shoe covers…Bag the items that may have mercury on them, seal them and mark them ‘mercury hazard’.”  [http://www.in.gov/idem/files/mercury_spill.pdf]

Colorado:  [less than one tablespoon]  “Ensure that people’s shoes, clothing and other items to do not have any mercury on them before they are allowed to leave the area…Change into old clothes and shoes that can be discarded if they become contaminated or keep a supply o disposable protective clothing and shoe covers on hand… If you were wearing disposable coveralls and booties, carefully remove these items and place them in the trash bag.  Any … shoes that came in direct contact with the mercury should be placed in the trash bag.

Broken Fluorescent, Compact Fluorescent or Other Mercury-Containing Light Bulbs: … pick up any large pieces of glass from the broken bulb…and put it in a zip top bag.  Put the zip top bag in the trash bag used for contaminated clothing as described in the “General Instructions” section above.”  [http://www.cdphe.state.co.us/hm/hgcleanupbiz.pdf]

Minnesota:  “… immediately after a mercury spill: Remove your shoes and clothing.  Carefully place contaminated shoes and clothing into a trash bag.  Avoid touching anything that may have contacted mercury.  Seal the bag.  Cleanup of broken fluorescent and HID lamps:  Follow mercury cleanup instructions for the type of surface to be cleaned.  Label the container “Mercury Waste: Hazardous”  Put these items in your regular trash:  Shoes and clothing that are not visibly contaminated with mercury and items that have contacted mercury but are not visibly contaminated with mercury if your local household hazardous waste collection site won’t take them.”  [http://www.pca.state.mn.us/index.php/component/option,com_docman/task,doc_view/gid,12769]

New Hampshire: “Some other potential sources of household mercury are…fluorescent bulbs, compact fluorescent bulbs… Recommendations in the Event of a Spill ... If possible, clean the shoes.  If not, wrap them in a plastic bag and dispose of them as indicated below.

Typical Cleanup Procedure for Small Mercury Spills on Smooth Hard Surfaces: Dispose of any contaminated clothes, fabric or footwear by placing them in a plastic bag for disposal.  Seal all containers at this time.  Store the containers in a safe place, away from children while awaiting disposal.  Take a shower or bath.”  [http://des.nh.gov/organization/commissioner/pip/factsheets/hw/documents/hw-15.pdf]

Delegate Bob Marshall's contact information:

Capitol telephone: (804) 698-1013

Mobile telephone: (703) 853-4213

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Black, Marshall, Team up to Bar Obamacare State Tax Increases

“In moving to block two of the 20 tax increases imposed by Obamacare, Sen. Black and Del. Marshall have distinguished themselves as taxpayer heroes" -Grover Norquist RICHMOND – Sen. Dick Black (R., Leesburg) and Del. Bob Marshall (R., Manassas) have joined forces in the Virginia General Assembly to protect Virginia taxpayers’ pocketbooks from two Obamacare tax increases costly to family budgets. By following the normal practice of conforming to federal tax law Virginia citizens income taxes will be automatically increased. SB 673 prevents this back-door, defacto move to raise taxes without accountability or transparency.

Sen. Black is the chief patron of Senate Bill 673, which would amend the Code of Virginia to “deconform” the Commonwealth’s tax rules from the federal tax increases contained in the 2010 Patient Protection and Affordable Care Act. Del. Marshall is the chief House patron of SB673. The Obamacare tax increases will go into effect without passage of SB 673.

The Black-Marshall legislation will be heard in the Senate Finance Committee at 9 a.m. on Tuesday (Feb. 8th) in Senate Room B of the General Assembly Building.

According to The Heritage Foundation, a conservative Washington, D.C., think tank, the tax increases targeted in SB 673 are among a number of tax increases contained in Obamacare that will cost American taxpayers $503 billion from 2010 to 2019. They will slow economic growth, reduce employment and suppress wages.

SB 673, if enacted, would permit Virginians to continue to deduct from their state income tax returns unreimbursed medical expenses of over 7.5%. Under Obamacare, Virginians could only deduct itemized medical expenses over 10% to qualify for a deduction. The Black-Marshall bill, also would allow Virginians to continue to deduct the full amount of their contributions to flex spending accounts up to $5,000. Obamacare caps such tax deductible contributions at only $2,500.

The reduction of both of these deductions will result in a higher taxable income for Virginians and therefore failure to pass SB 673 will mean higher taxes for Virginians.

“Sen. Black and Del. Marshall are taking a bold stand in defense of Virginia taxpayers, currently scheduled to face the largest federal tax increase in U.S. history in less than 12 short months,” Grover Norquist, president of Americans for Tax Reform, said.

“In moving to block two of the 20 tax increases imposed by Obamacare, Sen. Black and Del. Marshall have distinguished themselves as taxpayer heroes and have taken one of the most significant steps of any lawmakers in the country to protect their constituents from the onslaught of tax increases coming from Washington.”

The Black-Marshall proposal “would help mitigate the adverse economic impact of this tax tsunami for Virginians,” Norquist said. “Their legislation is a positive step in curbing the federal outreach and job-killing tax increases signed into law by President Obama. It is a model for state legislators across the country to follow.”

FOR RELEASE: On Receipt [February 7, 2012] CONTACT: Senator Black, (804) 698-7513 Delegate Marshall, (804) 698-1013

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Marshall Joins U.S. Supreme Court Brief Charging Misuse of Census

? NEWS - FOR RELEASE: On Receipt (January 19, 2012) Louisiana v. Bryson et al MARSHALL JOINS U.S. SUPREME COURT BRIEF ALLEGING MISUSE OF CENSUS Alleges Obama Administration Is Violating Constitution, Laws in Counting Illegal Aliens

Del. Bob Marshall (R, 13th) has joined in a “friend of the court” brief filed with the U.S. Supreme Court supporting Louisiana’s effort to file a “fast track” lawsuit challenging the Obama Administration’s decision to count millions of illegal aliens in the 2010 national census.

Louisiana state officials contend that their state unconstitutionally and unlawfully lost a seat in the U.S. House of Representatives because data from the 2010 Census was used that includes non-resident immigrants living illegally in the United States.

“This case strikes at the very heart of the representative government we Americans hold dear,” Marshall said. “Our Constitution and our laws don’t grant equal representation to those who come here illegally and flagrantly violate that same Constitution and those same laws.”

Louisiana officials argue that counting illegal aliens in the census favors states with high numbers of undocumented immigrants living illegally within their borders, thus shifting political power by skewing population-based apportionment of the House’s 435 seats among the 50 states.

Census data also is the basis for apportioning congressional, legislative and local voting districts within states, as well as distributing federal grants to states and localities, and allocating states’ votes for president in the Electoral College, which will decide whether Obama wins another White House term in the Nov. 6 general election.

Technically, Louisiana officials are invoking a provision in the Constitution allowing them to bypass lower federal courts to file the lawsuit directly with the Supreme Court because of time constraints regarding this year’s fast-approaching congressional primary and general elections.

Listed with Marshall in the Supreme Court brief are 12 non-profit social welfare and educational organizations and foundations; state legislators from Oklahoma, Maryland, Washington State and Wyoming; and Montana candidates for governor and lieutenant governor.

The brief was filed Friday [Jan. 13] by Herbert W. Titus and William J. Olson of a Vienna, Va., law firm specializing in constitutional law.  Titus was founding dean of Regent University's School of Law in Virginia Beach. Olson is a former chairman of the Fairfax County Republican Committee.

Defendants in the lawsuit are U.S. Secretary of Commerce John Bryson, U.S. Census Director Robert Groves, and House Clerk Karen Lehman Haas.

• • • Delegate Bob Marshall's contact information:

Del. Marshall says Tim Kaine Misrepresents His Personhood Bill

FOR RELEASE: On Receipt (December 7, 2011)CONTACT: Del Bob Marshall, (703) 853-4213 Kaine ‘Is Very Confused’ DEL. MARSHALL SAYS Tim Kaine Misrepresents HIS Personhood Bill ‘We already have enough people in Washington who vote on bills without ever reading them.’

Del. Bob Marshall tonight (Wednesday, Dec. 7) accused Tim Kaine, the Democrats’ presumptive 2012 candidate for the U.S. Senate, of mounting a “skewed attack on my personhood bill” in tonight’s early-bird Senate debate in Richmond.

“After seeing Tim Kaine’s skewed attack on my personhood bill (HB1), it is obvious he is very confused,” Marshall (R., 13th District) said.

“First of all, we tell third graders in Virginia’s public schools that human life begins at fertilization or conception.  Scientists have definitively known when human life begins since at least the 1830’s. Why not Tim Kaine?

“Tim Kaine, a Harvard-educated attorney, claims that my personhood bill, HB 1, will outlaw birth control. The U.S. Supreme Court disagrees with Tim Kaine, because it upheld almost identical language in a Missouri statute from the 1980’s, 25 years ago, in the Webster v. Missouri case.

“None of the parade of horribles predicted today by Tim Kaine occurred when abortion was illegal, such as homicide prosecutions for women who abort their children or making miscarriages manslaughter.  My measure passed the House of Delegates earlier this year, 62-36. Virginia’s entire press corps apparently slept through the legal earthquake Tim Kaine predicted would follow passage of my bill most likely because his claims are not true.

“My personhood bill creates a civil cause of action for the wrongful death of an unborn child.  This cause of action already exists in the majority of states and is a natural complement to Virginia’s fetal homicide law. “Does Tim Kaine object to providing a legal remedy for parents whose beloved unborn baby is killed by the negligent or criminal act of a third party?  Does anyone other than Tim Kaine really think that is a bad idea?

“Tim Kaine wants to serve in the US Senate.  But if he refuses to understand the meaning of a simple seven line bill, what would he do in Washington as a Senator with bills longer than a single page?  We already have enough people in Washington who vote on bills without ever reading them.” Marshall’s HB1, prefiled for the Virginia General Assembly’s 2012 session and co-patroned by State Sen. Charles Colgan (D., 29th District), is summarized by the General Assembly’s Legislative Information Service as follows:

“Rights of unborn children. Provides that unborn children at every stage of development enjoy all the rights, privileges, and immunities available to other persons, citizens, and residents of the Commonwealth, subject only to the laws and constitutions of Virginia and the United States, precedents of the United States Supreme Court, and provisions to the contrary in the statutes of the Commonwealth.”

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