The High-Tech Lynching of Commissioner Keith Wasserstrom

When a prosecutor calls the charges levied against a conservative commissioner in a liberal county “novel,” you know that justice has run amok. But the extent of the miscarriage of justice in the Keith Wasserstrom case goes well beyond that definition.

Keith Wasserstrom was a city commissioner in Hollywood, Fla., in the southern part of Broward County. Nominally a Democrat, Wasserstrom was open in his support for the reelection of Gov. Jeb Bush in 2002. At the height of the Iraq War’s unpopularity, Wasserstrom was a lone voice in that party, reminding them of the national security reasons for the war. He knew that his popularity would suffer and he was kicked out of three Democratic clubs as a result. But he did not know the extent of maliciousness that was in store for him.

At the same time, federal agents were looking to prosecute crimes in Broward. One county commissioner with a past that swirled with rumors, and who was later indicted after a joint federal and state investigation, had been caught misusing funds without charges being laid. There were rumored backroom deals with school board members (one instance of which was later confirmed). Broward was working on establishing new ethics standards. But instead of promoting steps to actually curb corruption, certain officials decided to alleviate the pressure of never having prosecuted a Broward official by going after the one whose politics they liked least, a Democrat who showed voters how much their party had changed. The fact that he had done nothing wrong was a side matter.

I know that many Democrats believed then, and probably still believe, that support of the war in Iraq is a crime in and of itself. The votes of 25 Democratic senators to approve the war, all of whom had the same intelligence briefings that the UN and other international organizations had provided both the White House and leaders of Congress, would stand in the way of such an argument, as would the continued presence in Iraq under a Democrat administration. Either way, the Iraq War does not give license to go on a witch hunt against its supporters or to manufacture crimes against them.

Wasserstrom was charged with unlawful compensation for dealing with a client who provided him with no compensation on anything having to do with the City of Hollywood (that charge was thrown out by the judge due to its sheer ridiculous nature). Prosecutors piled on four ancillary charges in the hopes of exacting a deal, two counts of filing false forms and two counts of getting the mayor to as well. The fact that these forms were recusal forms, meaning that they explained why Wasserstrom did not vote on the project, was all but overlooked. The city attorney called the charges “a miscarriage of justice.”

Specifically, the charges against Wasserstrom centered around a deal between the City of Hollywood and Schwing Bioset, a company that converts waste into fertilizer. The company has been hired by several cities. It is not the cheapest company to offer this service, but cities contract Schwing Bioset because of its unique track record and clear abilities to perform. Wasserstrom’s firm represented the firm, with a clause in their contract specifically excluding his firm from compensation for any Hollywood deal. This measure was not necessary. All Wassserstrom would have needed to do is to recuse himself from any Hollywood vote. Conversely, based on his fee exemption, Wasserstrom could have legally voted on the Hollywood contract.


In an abundance of caution, Wasserstrom both excluded himself from any gains resulting in the City of Hollywood contract and from voting on the contract. He was upfront about his firm’s relationship with the company. He broke no laws and did nothing untoward.

Although the judge threw out the main charge, the ancillary charges made the jury believe that something was wrong. After all, who is charged who has committed no wrongdoing? This is a dangerous supposition that assumes guilt at the onset and stands in stark contrast to the rule of presumption of innocence. If we believe that all who are charged are in fact guilty at onset, then how can anyone ever have a fair trial? But the pile on of charges led the jury to conclude that “something must have been done” and that it was reasonable to find that Wasserstrom should have at least made the forms more clear and detailed.

The jury overlooked that recusal forms are just that, forms - not biographies. They are filed after the fact and list a brief reason why the commissioner who filed them recused himself from the vote. They are not detailed explanations. They simply state that so and so recused himself of a vote and why. It’s impossible to have criminal intent in filing such a form, as no gain is garnered by their filing. Moreover, in the Wasserstrom case, the City Attorney had filed one of the forms himself. But juries that suppose that the defendant must have done something to be hauled into court have often seen otherwise. At least one Wasserstrom juror said that none of them felt good about convicting him, but felt unclear about the case. This speaks to the surreal nature of the charges, not to his guilt.

The assistant state’s attorney who prosecuted the case called the Wasserstrom conviction “novel.” There is nothing noble about “novel” prosecutions. All that means is that the charged person had no way of knowing that his/her actions would be considered illegal and that the actions undertaken were never before considered criminal. It’s the definition of prosecutorial overreach.

The case should have never been brought and should have been thrown out when it was. It’s the latest in the attempt by the left to hijack the right and to stifle dissent. And it was followed up by the unfair, unfounded and unjust charges against two Republican commissioners in another Broward city for allegedly violating Sunshine Laws (laws preventing commissioners from discussing city business outside of a public forum) in a he said/he said case that was actually dismissed and resulted in an assistant states attorney who was also a state representative attending the latter’s vindication party.

We must all stand up against injustice, against the targeting of innocents and against the besmirching of a fine public servant like Keith Wasserstrom, for no other reason than that of agenda driven politics.

Some additional shocking legal facts:

Wasserstrom followed the advice of the City Attorney all along, from drafting the clause in the engagement letter to filling out the recusal form. Although the City Attorney advised the Mayor and Wassserstrom that they had no legal conflict of interest, they both chose to recuse themselves to avoid any appearance of impropriety. The City Attorney backed up his opinion with a legal memo that explained that Florida law only requires the disclosure of conflicts that would benefit the elected official.

The prosecution, recognizing that the main charge of unlawful compensation was absurd on the face of it, contended that Wasserstrom stood to gain from Hollywood, because another city may choose Swing Bioset because they will have had a track record with Hollywood. The prosecution recognizes that even this far fetched scenario would be legal, as Wasserstrom had recused himself of the vote. They contend that the illegal act was that he didn’t specify this in the recusal forms, the forms that are filled out after the fact and detail briefly why he didn’t vote on the deal. Never mind that Swing Bioset could point to numerous other contracts that it’s performed well before meeting Wasserstrom or Hollywood. How filing a form after the fact results in unlawful compensation is too twisted to describe in words.

Nonetheless, the City Attorney forewarned against this assertion as well, citing that Florida does not consider as a benefit anything that is contingent, speculative or remote. The fact that anyone would be able to go to other cities and say “Hollywood uses Bioset” was a benefit that was remote, speculative and contingent. First, their work had to be successful in Hollywood in order for there to be any benefit. Second, Wasserstrom would only benefit if Bioset continued to retain the marketing company that hired his firm—as his firm was engaged by the marketing company for Bioset, not Bioset itself. Bioset could have fired the marketing company, or the marketing company could have fired his firm, at any time. Third, there would only be benefit to his firm if the city, municipality or county being offered the services chose Bioset after an extensive and expensive request for proposal process - remote, speculative and contingent.

Regarding the piling on of charges and how it seems to have influenced the jury, one other point stands out. Wasserstrom was charged not only for failing to provide a rendition the size of War and Peace on a simple recusal form, but also for the Mayor having done the same. By contrast, the Mayor was not charged at all. In reality, neither should have faced such absurd charges, but this just shows the malicious nature of the Wasserstrom prosecution. Of course, the jury could find no reason to believe that Wasserstrom had influenced the Mayor (and the prosecution could offer none), and acquitted on those charges, but chose to convict on his own forms, under the actual (if not the legal) premise of “I guess he could have been more specific,” a supposition that should never justify a conviction and that in fact convicted an innocent man.

Further, Wasserstrom was charged with filing his form (and the Mayor’s) and then charged again for an amendment to his firm (and the Mayor’s). By all interpretations of the law, even if there would have been impropriety, that would have been one act, one conviction. The amendment clarified that Wasserstrom’s firm did not work for the marketing company, Bionative Technologies which was the marketing company for Schwing Bioset, but for a local Florida company retained by Bionative. It was technical in nature and of course, had no bearing on whether he’d receive compensation or any criminal intent. How correcting the name of a marketing company on a form led to two separate counts brought is unbelievable.

The absurdity is that all of the above, his entire prosecution, related to his filing of recusal forms, forms filed days or months after a commissioner properly recuses him or herself of a vote due to potential conflicts. It’s the first such case that has been handled in such a way, and it’s a crying shame.

Rick Scott’s Best Picks for Lieutenant Governor

In my last column, I wrote about the national importance of keeping the Florida governorship in Republican hands during this redistricting term. The makeup of three or four US House seats are possibly at stake, which may at one point be enough to swing control of the chamber.

Democrat Alex Sink made the best choice for her side by picking Rod Smith. Sen. Smith is the type of candidate who can gain swingvoters. Sink will have problems, having served as President of Florida Operations of Bank of America and due to the fact that this is a Republican leaning year. She’s also become the ultimate insider. But Scott still needs to make sure that his pick is refreshing and dynamic.

Here are some choices that can help Scott significantly:

Commander Tom Garcia. – This relatively unknown, yet superbly impressive, American hero was a political unknown who still faired respectably in a crowded field, which included two sitting politicians and the former CEO of Ruth’s Chris Steakhouse. Garcia is an Annapolis graduate and the recipient of a presidential medal for saving lives and millions of dollars in costs to the US Navy, streamlining high-risk training techniques. Most recently, Garcia flew to Haiti hours after the Jan. earthquake to assist in humanitarian relief. He has recently been featured in the Washington Times and by NumbersUSA as a national voice against illegal immigration.

Majority Leader Adam Hasner – Hasner would serve well in uniting McCollum supporters behind Rick Scott. He has experience, knowledge (he’s widely regarded was one of the most brilliant minds in the Florida House), and has remained outside of the upper echelons of power in Tallahassee. He’s an outsider who insiders have come to respect. Moreover, he combines brilliance with a pleasant demeanor, making him a superb campaigner.

Rep. Anitere Flores – Representative Flores falls in the same category, an outsider with influence in circles that matter. Being a female pick will help somewhat, although gender will not likely be an issue in this race - not with Sarah Palin, Hillary Clinton and others being the talk of presidential runs. There’s simply no longer anything special enough about being a female governor (or lieutenant) to sway significant chunks of votes. That said, Flores is qualified and dynamic in her own right.

Marion Thorpe, former Chief Medical Officer of Florida’s Agency for Health Care Administration – Medical development is key to growing Florida’s economy and Thorpe’s answers are bold. He’s an extremely likeable man and a natural campaigner. And while the GOP has women, it does not have very many African-Americans among its ranks, making such a pick refreshing and momentous. His selection would also serve to further boost Allen West in the latter’s congressional run.

The stakes are high and the results may well be of national significance. Whoever he picks, let’s wish Rick Scott well.

The Need to Unite Behind Rick Scott and the Stakes for US Congress

Any discord among party members must end after the primaries. This is especially true in the all important gubernatorial race in Florida in this congressional redistricting year.

Republicans across the board are spending time, energy and resources on defeating vulnerable Democrat incumbents, including Alcee Hastings (whose district boasts an abysmal voter turnout and who has all but lost the critical Haitian vote), Ron Klein and Alan Grayson.

We need to keep in mind that a Democratic governor in a redistricting year could not only preclude Republicans from holding these seats in the future, but could in fact lead to the election of yet another Alcee Hastings, Ron Klein and Alan Grayson, on top of those already in place.

Whoever you may have supported in the past, one thing is clear. The election of a Republican governor within the State of Florida, where the Governor holds veto power over redistricting, is crucial to the future of our statewide congressional caucus. Rick Scott is our nominee and his election will determine the future of three or four congressional seats, which may at times be the margin of control in the US House.

On top of that, it cannot go without saying that Republicans in Florida have elected a fine slate of state and local across the board. This is especially true in Broward and Palm Beach counties. Senate nominees Ellyn Bogdanoff and Lizabeth Benacquisto are both people of exemplary public service, as is House nominee Pat Rooney. House nominee George Moraitis is a former officer of the United States Navy, a brilliant mind and a true community leader and Tami Donnally’s background in improving education speaks for itself. All in all, Republicans in Palm Beach and Broward counties can say “Job well done.”

Bill Konopnicki’s Campaign is the Embodiment of Fiscal Responsibility, Bold Economic Advocacy

When we find local leaders whose platforms speak to the broad interest of America, we should promote their ideas as a national model for success. The fight for conservative education, defense of our borders and the prosperity of our economy takes place first and foremost on the state level.

State platforms are more detailed and innovative business leaders who want to secure a better America often run for state level office to further American ideals. Such is the case with Arizona’s Bill Konopnicki, a current state representative who has recently become one of a select few candidates to be endorsed for State Senate by Gov. Jan Brewer.

Konopnicki opposes tax hikes across the board, especially those being placed on farmers and rural landowners. He’s for strong borders, national defense, financial literacy education and he makes no bones about it. His community involvement and track record of putting the interests of the people ahead of the interests of himself is keep to ability to propose real solutions for the betterment of his state.

Born in Detroit, Michigan, Konopnicki moved to rural Arizona as a young man and became a successful entrepreneur as well as a community leader. He is a radio station owner, owns McDonald’s restaurants in partnership with his oldest son and is the CEO of WSK Management Systems. He has worked with community groups, including the Boy Scouts, Ronald McDonald Houses and The Boys and Girls Clubs. He has also served as a member of the Mount Graham Regional Medical Center’s Operating Board and is a past president.


As Gov. Brewer put it, “from the beginning of my tenure as Governor of Arizona, Representative Bill Konopnicki has supported my plan to help Arizona recover from its current economic problems and face its immigration issues. He supported my five point economic plan, including Proposition 100 to protect education and public safety, and he helped amend SB 1070 so that it could be passed and signed into law.”

Konopnicki’s economic platform should serve as a model to state candidates nationwide. Indeed, in whatever state we’re in, we all need to band together to secure a stronger America.

Tom Garcia, America’s Most Needed Man in Congress

Florida is set to deliver a number of true conservatives to Congress and to take back two, three or even more seats from the Democrats. If Republicans regain the House, as we are poised to do, Florida will have a key role in that effort. But of all our great candidates, not only in Florida, but anywhere in the nation, Tom Garcia in the crucial FL-24 race stands out above the crowd.

Commander Tom Garcia is a rare mix of character, integrity, brashness and common sense. His election stands to improve America’s national security and economic wellbeing more than any other congressional race.

His biography says it all. As a naval officer, Tom Garcia won a presidential medal for developing a plan to save the US Navy millions of dollars while increasing safety in motion. The plan he put forward is estimated to have helped save numerous lives as well, by increasing training safety.

Garcia has specialized in the simulation industry, key to aircraft development. This is especially important to the renewal of Central Florida’s economy. If elected, Garcia would be the only member of Congress with experience in growing this developing industry.

American of Hispanic heritage who vehemently opposes illegal immigration

Garcia is also the Democrats’ worst nightmare, an American of Hispanic heritage who vehemently opposes illegal immigration. In fact, the day after the Arizona law was announced and before any other candidate had gone on record, CDR Garcia became the first candidate in the nation to advocate for a similar national initiative in all 50 states.

Moreover, unlike new converts to the cause of protecting our national resources, Tom Garcia has always been a steadfast opponent of illegal immigration. That’s because he treasures and values citizenship in this nation.

Tom Garcia is also the only federal candidate to back comprehensive shoreline surveillance, monitoring our shores with computerized imaging, just as we should be monitoring our borders. The Intelligence Community has long maintained that our shores are our frontline in keeping the nation safe from terror. Such a program would also prevent illegal immigration, as our shores are far more porous than our borders, without jeopardizing the privacy of Americans in the process.

Every elected official in the nation should be advocating for shoreline surveillance. It’s key to protecting our nation and is non-intrusive. Yet my campaign is the only one on the state level that’s been advocating for this most needed program and Tom Garcia’s campaign is the only one in the nation advocating for it on the federal level. That, in and of itself, is a crying shame, but it shows the need to rally behind his candidacy.

I’ve worked with many great candidates and brilliant conservative leaders. What I saw in the actions of Tom Garcia was unparalleled by all.

Coalition of Conservative Candidates for Haitian relief

On the night of the Haitian earthquake this past January, I was talking with Commander Garcia as we put together a Coalition of Conservative Candidates for Haitian relief. He inquired as to what was the most pressing need of survivors. After he shared his experiences in disaster relief, we decided that water purification was probably most important. He said that he knew a specialist in his district. But what he did next was a shock even to me.

In middle of the night and mere hours after the earthquake had struck, when a flight plan could only be submitted in America and without the ability for Haiti to receive it (making landing in Port-au-Prince a huge safety risk), Tom Garcia filled up a plane with water purification equipment and flew to Haiti. He knew full well that there may be reverberations after such a massive earthquake, making an already risky adventure all the more fraught with danger.

In Haiti, he purified water, worked to save lives of injured Haitians, and at one point Commander Garcia single-handedly restored power to a three room makeshift emergency clinic, using nothing more than fourcar batteries and some wire.

Tom Garcia is a strong believer in our Judeo-Christian values and in our Constitution

Most importantly, Tom Garcia is a strong believer in our Judeo-Christian values and in our Constitution. He’s an innovative economic leader with a focus on jobs creation and he’s not afraid to call a spade a spade and a bad idea a Democrat one. In short, he’s the type of man who we need in Congress.

Garcia is seen as head and shoulders above the entire field. Key to this is his innate humility. As long as he can keep it, he will accomplish great things for America. And everything in his commendable military background says that this Naval Officer, son of an Air Force Officer will stick to his values and his modest, yet always forthright and ruggedly honest nature.

Commander Garcia’s website is TomGarciaforCongress.com. His plans may be of little interests to lobbyists who can’t see the need for their own safety and their role in the national economic wellbeing above their own shortsighted self interests. But that should be of no concern to voters.

Simply put, voters in FL-24 need to rally behind Tom Garcia. He needs to be our party’s nominee, not only to ensure a new and dynamic Republican Party, but moreover, to ensure the economic wellbeing and safety of our nation.

Offshore Drilling and Our Future vs. Charlie Crist

Charlie Crist has called for a special session to ban offshore drilling. Many right thinking people see this pure politicization of an issue that should be handled with common sense, but are loathe to speak out for fear of a public backlash.

Leadership is now needed on a key economic and security issue. It is the job of our state leaders to educate the public, not to kowtow to prevailing, but harmful, doctrines.

Taking a correct stand on this issue makes political sense too. We will not win seats by ignoring the issue and allowing Charlie Crist and the rest of the left to play it up. Doing so only makes us look callous in hindsight. Republicans will invariably be hit as the party of drilling regardless of what we do. The question is only whether we will allow the callous left to define the issue.

The Republican Party stands for jobs, the economy and national security. Drilling is an important part of all three. So we can take blame for having done the right thing, or we can infuse the public with common sense and rightly own the issue. The choice is ours.

The spill was not the issue. The hapless federal response to the spill is

We will not win over votes by going along with Crist’s latest PR stunt. We will, however, gain crossover votes and take control of the issue if we simply present the facts:

• The spill was not the issue. The hapless federal response to the spill is.Federal authorities didn’t just order the State of Louisiana to halt measures designed to protect its coast. They also refused dozens of Florida ships that volunteered to assist in cleaning up the spill. They could have capped the hole a long time ago. Tent pitching, throwing golf balls and doing everything short of lowering Al Gore into the hole to scare it into submission were all gross examples of ineptitude and nothing more. We have the means to deal with spills far better than we did in this case.
• We are the only continent on the globe that has oil and that hasn’t increased drilling since 2002. I have yet to see a study that shows drilling off the coast of Brazil or in the sands of Saudi Arabia to be more environmentally sound than drilling here.
• Preventing drilling off our shores is a misnomer. We can debate all day long whether or not to drill a few miles into our waters. In the meantime, Chinese, Cuban, Venezuelan and other companies of foreign nationals are drilling the exact same oil from a few miles off of our waters. The only question is whether we will get any benefit from it. Besides, we care far more about our shores and maintaining our environmental resources than the foreign companies drilling right outside of our waters do. So, yes, protect our environment. Let Americans drill our own resources.
• The problem with the BP spill was precisely the fact that it wasn’t offshore drilling. Offshore drilling is easy to monitor and its shallow leaks are easy to plug. Done in unpopulated coastal spaces, it affects no one other than the workers who would find employment were drilling to be allowed.
• Even with regard to deep water drilling, the fact is that after trying everything in the book, even Obama’s people now know how to plug a hole.

Democrats should also be outraged by Charlie’s latest costly stunt. The federal ban ensures that even if Crist gets his way, the Florida one will be nothing more than symbolic. This special session is another waste of money, time and state resources, plain and simple.

I’m willing to let my election rise and fall on this issue. It’s not politically incorrect to speak out when no one does. But it is the definition of politically inept to allow the left to use the issue to score undeserved political points by falsifying and distorting the truth.

Now is a time that we need conservative state legislators more than ever. I ask all interested people to get involved in my campaign and in those of other conservatives on the local level. We can do far more to curb the insanity that is going on than national leaders sometimes can.

The above listed facts speak for themselves. We as a party need only to articulate them.

General McChrystal Vs. General Biden?

When the actions of the federal government directly affect the economic well being of Americans in every state, their quality of life or their national security, it is the job of local leaders to speak up and to propose sound solutions. This is especially true in the face of one of the most out of control administrations that our nation has ever seen, one that has jeopardized both our economy and America’s national security as no administration ever has before.

Yesterday’s actions were especially shocking. Barack Obama summarily dismissed a Four Star General and Commander of US Forces on what is now the central battlefield in the War on Terror. (I know, there is no “War on Terror.” Tell that to the terrorists.)

McChrystal was not dismissed because of any issue regarding his leadership. Indeed, all seem to agree that Gen. McChrysal was a fine commander. What Gen. McChrystal was fired for was (among other actions that only befit an intelligent military commander) his failure to listen to Joe Biden on military strategy.

Again, Barack Obama dismissed 4 Star General Stanley A. McChrystal, Commander of US Forces in Afghanistan, for not listening to Joe Biden on military strategy!

General McChrystal was chosen for his position because he speaks his mind, especially when it comes to winning and to taking care of his troops. And he was fired for speaking his mind when it comes to winning and to taking care of his troops.


In the course of 17 hapless months, the Obama administration has wreaked havoc on our currency by printing trillions of dollars in new currency, it has made America less safe by kowtowing to terrorists, and it has harmed our international standing by propping up leftist brutes like Honduras’ Ernesto Zelaya, after Zelaya’s own party removed him from office.

Simply put, we have left our economy in the hands of Obama, our military in the hands of Joe Biden, and our banking system in the hands of Barney Frank and Chris Dodd. And at this point, something’s got to give.

OUR STATE LEGISLATURES – OUR VOICE

Methods of dissent such as passing a resolution condemning the recklessness of the current administration would not only be appropriate. They are necessary. If the current United States Congress doesn’t see fit to pass such resolutions, then it is the job of state houses to fill the void in national leadership.

State legislators and local leaders must push for resolutions condemning the devastation of our economy, of our security and of our standing at the hands of the hapless Obama administration. And when one state legislature acts, five others will follow suit in a matter of days.

It’s time for Barack Obama to stop worrying about illegal aliens in Arizona and to start worrying about the American people who trusted him to keep them safe. Like many of you reading this, I saw through the smoke and mirrors before he was elected. But many didn’t. They elected him on the hope, change, and prayer that he would steward this country well. None other than Supreme Military Commander Joe Biden attested to his “good judgment” and many believed him. For that alone, he has a responsibility to keep them safe.