The single most insidious piece of legislation filed thus far during the 2004 session of the Virginia General Assembly is House Bill 1357, a tubercular, 24-word, treacherous, deceitful, sly, crafty, amendment to the state’s Freedom of Information Act proposed by House Majority Leader H. Morgan Griffith, of Salem.

It is an affront to freedom. It is an affront to democracy. It is an affront to every Virginian, be they Democrat, Republican, or political agnostic.

Is that what Griffith intended? No, I don’t think so. I think he was trying to make a point about partisan caucus meetings.

Even so, he should strike this bill. If he doesn’t, members of the Virginia House of Delegates and the Virginia Senate should reject it -- forthrightly, and with resoluteness.

What does it say?

“Public access to any meeting of the General Assembly or a portion thereof shall be governed by rules established by the Joint Rules Committee.”

What does it mean?

Subject to the whim of a handful of legislators who make up the Joint Rules Committee -- and Griffith is one of them -- it separates -- no, not just separates -- but potentially could actually bar -- 7 million Virginians from their government.

The single greatest check on any government is the light and scrutiny of access, of free, unfettered access, by the subjects of that government -- in a democracy, by the people who elect it. House Bill 1357 has the potential to turn out that light, the potential to block that access, the potential to shroud our state government in a curtain of secrecy.

Is that a good thing?

No. Never. Not ever.

Is it palatable, under any circumstance?

No. Never. Not ever.

Does it happen?

In Cuba. In Czechoslovakia. In a lot of the old Baltic states. In China. In Russia. In Argentina. In most of what used to be those pip-squeak, tin horn dictator countries in South America. In Iraq. In Iran. In Syria. In North Korea.

In Virginia? Virginia? Perish even that thought.

Morgan, you of all people -- you, the student of our history, you, the constitutionalist, the quoter of our founding fathers, you, the defender of our liberties -- what on Earth could you possibly be thinking? This bill demeans all of us.

You know what really scares me? I know you know better. But I’m afraid some of those fruitcakes you lead will think you’re serious.

I know you venerate the great Jefferson -- that first Republican! Most of us -- you and I, certainly -- know some of the language, the quotes, his writings -- with the familiarity we have of clichés. But I am reading a new book -- "Inventing a Nation," by Gore Vidal.

Herewith, from that book, a diary entry, an observation, dated May 24, 1790, by Pennsylvania Sen. William Maclay, on first encountering the Sage of Monticello:

“He spoke almost without ceasing. But even his discourse partook of his personal demeanor. It was loose and rambling and yet he scattered information wherever he went, and some even brilliant sentiments sparkled from him.”

He’s our man, Morgan. Yours and mine.

Sure, Jefferson was conflicted in a lot of human ways, but in matters of openness and republic government (small ‘r’ here, Morgan) and the link, the necessity, the interdependency, of the two, he was prescient.

Don’t demean his memory in the House he built. But rather, be Jeffersonian, Morgan. Hey, you’ve got that ‘loose and rambling’ part down. Scatter information wherever you go. You do that and I’ll make a bargain with you. You scatter information wherever you go and I’ll note every instance that brilliance sparkles from you.

You’ve made your point. Strike House Bill 1357.

Consider this for your next gift:
A 60,000 word collection of Barnie Day’s commentaries, entitled "A Mule Yule: Hey, Jesus didn’t ride in on an elephant," with an introduction by Jerry Baliles and forewords by Frosty Landon, Larry Sabato, Robert Holsworth,and Bill Wood, is available from the Democratic Party of Virginia. Contact Laura Bland, toll-free, at 1-800-322-1144

Post a message to Barnie Day's board