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County to Young: You Can Take Your Shady Earmark and Shove It

A county body in Florida voted today to send back Rep. Don Young's (R-AK) $10 million earmark. Young rewrote the language in the bill while it was on its way to the President's desk -- after passing both Houses of Congress.

Originally, the $10 million was allocated for an I-75 expansion project in Lee and Collier Counties. But after Young's fast one, the money could only be used for an interchange to Coconut Road. That project is unpopular in the area, but a boon to real estate developer Daniel Aronoff, who held a fundraiser that brought in $40,000 for Young right before the earmark appeared.

This morning, the Lee County Metropolitan Planning Organization voted 10-3 to return the money and ask that it be reallocated for the broader project. It's not clear if that will work. Some experts told me the signed legislation carries the force of law. But, this situation is unprecedented. We'll keep following the saga as it unfolds.

The Naples Daily News first broke that Young was behind the Coconut Road earmark and then how he changed the language. They are blogging the MPO meeting live, here.


24 Comments

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Yes, "signed legislation carries the force of law," but the language, "Coconut Road" was never legislated.

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Helllllloooo, Is this legal to change/ insert changes to bills after the fact. This guy is as crooked as they come. I mean what the .... . This guy needs to be suspended pending an imeadiate investigation.

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This poor developer (in perfectly good faith, of course) coughed up $40,000 in bribes expeciting a 25000% return on his investment. C'mon, Don, do the right thing and give him his money back. Ok, maybe just half? 10%? Nah, on second thought, keep it--you'll need it for your legal defense fund.

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What does Young have to do with these counties anyway. He is totally doing this, ON THE TAKE. Busted Bad I would say. He doesn't represent this country.

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Why doesn't the county just write a check to the I-75 expansion project and bypass all the legal stuff... accept the money, but turn around a give it to those who need it. Ha-Ha!

oh, and name the road after Rep Young.
...Rowdy!

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why is this not a criminal act?
Can/Will he blame the Abramoff staffer that is now in prison

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I wouldn't be surprised if, in fact, what Young did carries no criminal sanction. For the simple reason that no member of congress or senator ever dreamed that a fellow member would attempt it.

I can't blame the county for their decision. If they were to go ahead and reallocate the earmarked funds, they would likely face a lawsuit, which they probably don't have the resources to pursue effectively.

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We know about the first fundraiser held for Young by Daniel Aronoff but was there another more recent one?

According to his latest FEC filing, Young spent $2,602.79 on 6/15/07 at the Hyatt at 5001 Coconut Road in Bonita Springs FL for lodging and a reception. Yes, the same Coconut Road where the interchange is supposed to be built.

Whether Young raised money at the Hyatt reception is not clear because Young did not report any contributions after 6/13/07.

BTW, Young also charged a $4k San Juan Intercontinental bill to his campaign in April. San Juan in April sounds like a vacation to me.

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"why is this not a criminal act?"

Who's going to prosecute?...Alberto Gonzales? (sorry, bad joke). Sanctions by the House Ethics Committee? (sorry, worse joke).

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Don's benefactors (bribers) better contribute a hell of alot to his "campaign (legal) fund" because the only way he is going to get out of jail early is to rat them out like Benny is doing. Any new projects in San Juan scheduled to be funded after Don's visit???
FBI please keep digging- he is a dirty as they come. HINT - he is especially partial to free hunting trips.

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He should be impeached, to be honest, for doing something so blatantly unconstitutional. I would think the entire bill should be voided, but certainly this provision should be.

Part of the problem would be standing to sue, but the Lee County MPO may well have standing.

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Maybe I'm obtuse but HOW did he do it? Did he just slip into a restroom with the bill with some Liquid Paper, make the changes he wanted, and then return it? Isn't there like a chain of custody or something? Did he hack into a computer?

Can a single person with access and the gumption simply alter *congressional legislation* to his liking? It he brazen or just stupid?

I'm confused.

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Nelly Bly -- Thanks for the tip! Feel free to email me with stuff like that. Sometimes I don't get through all the comments.

Thanks,
Laura

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Laura,

You are welcome.

Here's a question.

As part of his guilty plea, Mark Zachares admitted to conspiring with Jack Abramoff and others to advance a multi-million highway project for the benefit of a businessman in early 2004.

Any chance that the highway project referred to in the Zachares plea is the Coconut Road exchange? If so, it would mean that Aronoff spent quite a bit of time trying to get his earmark.

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A great question...

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The real question here is what the most straightforward means of correcting the situation is.

In this case the solution to the finds issue is simple, the unwanted $10 million earmark is cancelled and the Democrats reallocate it in the next bill that comes along.

The situation would be much more complex if the bill had been changing the criminal law and more complex still if civil law was involved. If it was criminal law the defense would probably get to apply whichever wording they preferred. Imagine if the RIAA had managed to use this scheme to get their infamous wording designed to steal returned rights from artists through.

The other issue is what to do about prosecuting Young. One route would certainly be internal Congressional enquiry, but that is not likely to happen because there is a siginificant chance that he is going to be caught up in the general Alaska bribery investigation. This might not be the bribe for which he eventually gets prosecuted, but its highly unlikely to be the only corrupt acts that he turns out to have been involved in.

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Anyone want to guess the odds of Young's cronies (I'm speaking of Stevens, et al) not being aware of the same little end run around scrutiny?

It would be interesting, but probably almost impossible, to discover other such differences in the draft and final signed versions of other bills...

I only mention this because, although he is being investigated, I see no one in the House arguing for any penalties... almost as though this is not really an aborration but rather a not so uncommon practice....

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Nelly Bly! You ARE precious. Any chance you're interested in helping Alaska-at-large candidate Diane Benson do opposition research?

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Let's play Jeopardy:

Answer:I-75 and the Aronoff
Question: What are two names that run straight through Cincinnati, OH?

Answer: GOP
Question: Why is that whenever there's a scandal in Florida there's also an echo in Ohio?

I think I just hit the daily double. I'll bet it all, Alex, that there is a corresponding mini-scandal in Ohio, specifically Cincinnati regarding this problem in 5, 4, 3, 2...

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This can not be a crime because he is a Republican.

If a Democrat had done this, they'd be in jail already.

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An act such as this should be considered treason, as it is an attempt to undermine the authority of our government, and should bear with it no less than a life sentence.

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I know I'm illiterate, but when I read

"After much negotiation and talk, the MPO reversed itself and decided to accept the federal earmark, partially because people like Congressman Connie Mack, R-Fla., told the organization that the rejection of this $10 million would lessen the chances of the area receiving any federal allocations in the future."

that made me think that they did NOT reject the earmark. What's really going on?

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At the invitation of the congressman from the district, Connie Mack, Mr. Young visited Florida Gulf Coast University for a meeting on the Interstate and other transportation questions. Afterward, Mr. Young went directly to the fund-raiser at the Hyatt Coconut Point.

His campaign records show that he received more than $40,000 in contributions on one day around that time, mostly from southwestern Florida developers and builders. Mr. Aronoff gave $500 to Mr. Young’s campaign and later gave $2,500 to Mr. Young’s Midnight Sun political action committee.

The invitations to the event listed as hosts Mr. Mack, a business group called the Southwest Florida Transportation Initiative that includes Mr. Aronoff’s company and two executives of other Florida developers.

Asked in a telephone interview who had organized the fund-raiser, Mr. Mazurkiewicz, the consultant, said he was then at another fund-raiser with a member of Mr. Mack’s staff who would know.

“Aronoff,” the staff member told Mr. Mazurkiewicz, within earshot of his mobile phone.

“Just some local businessmen,” Mr. Mazurkiewicz said into the phone. When pressed, he confirmed that the staff member had named Mr. Aronoff. Later, Mr. Mazurkiewicz called again to list the names on the invitation.

The Aronoffs, major Republican donors, gave more than $200,000 to Republican candidates and political committees in the 2006 election. Their business, the Landon Companies, is best known for building mobile-home parks. But it also operates a real estate development business in Florida.

Daniel Aronoff has taken over active management of the company from his father, Arnold Y. Aronoff, who had a checkered career in Florida real estate. In 1979, Arnold Aronoff was sentenced to two years in prison after pleading guilty to mail fraud in a scheme to sell Florida swampland at an inflated price.

When he was approached near the House floor by a reporter, Mr. Young responded with an obscene gesture.

A spokeswoman for Mr. Young, Meredith Kenny, initially said that Mr. Mack had requested the Coconut Road money. A spokesman for Mr. Mack, however, said he did not ask for the money. His chief of staff, Jeff Cohen, said Mr. Mack was surprised to find the project in the bill long after it had passed. “At the end of the day this thing got stuck in there unbeknownst to us and having nothing to do with us, other than it is our district,” Mr. Cohen said.

The plans for the earmark and the Aronoff land hit a roadblock when the Lee County Metropolitan Planning Organization voted twice last year to block a preliminary study for the interchange, mainly on environmental grounds. Studies by the Army Corps of Engineers, the Environmental Protection Agency, the Fish and Wildlife Service and the Federal Highway Administration have all warned that the proposed interchange could threaten wetlands.

But Mr. Young was evidently determined to see the interchange move forward. In a Jan. 23, 2006, letter to the chairman of the planning agency, Mr. Young warned that his committee would draft another bill taking away the $10 million if it was not used for the interchange.

On Jan. 31, Mr. Mack followed up with a letter warning that the rejection would “make it difficult for Southwest Florida to have future success in securing federal resources for other important projects.”

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Connie Mack inherently has the wheeling and dealing the slipping, the sliding and the in's and out's of doing "business" as usual in his DNA

Watch out for this one he is as greased up as you can get....boy, sure does have a purty smile though...boot him next chance you get...

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