Thanks to state Rep.听John Mizuno鈥檚 strange and unusual candor, we now have a much better understanding of how the Legislature does its magic.

And magic it is. In fact Civil Beat referred to Mizuno鈥檚 particular conjuring as 鈥渟leight of hand,鈥 which of course is a staple in any magician鈥檚 bag of tricks.

That kind of mystery work is okay for kids鈥 birthday parties and Vegas lounge acts. But it鈥檚 terrible for democracy.

Vice Speaker John Mizuno leads House proceedings. 7 march 2017
Vice Speaker John Mizuno admitted that the House wanted to kill a pesticides regulation bill in a way that “would not expose any members” 鈥 to constituents, not to farm chemicals. Cory Lum/Civil Beat

So this is what Mizuno, the House vice speaker, said defending a legislative maneuver so arcane that even a trained professional (me) had trouble figuring out what exactly happened.

The Legislature killed a bill that would have increased the regulation of pesticides.They did this in a top-secret, no-recorded-vote way that in Mizuno鈥檚 words was a 鈥減rotective mechanism to not expose any members.鈥

Protection from whom?Their constituents of course — those pesky, passionate, opinionated citizens who have such disastrously strong opinions.On both sides of the issue yet.听

鈥淣o matter which side you are on,鈥 Mizuno lamented,鈥測ou are going to be attacked.鈥

Sergeant of Arms Katie, bar the door!

Fear of flack 鈥 that sure seems a lot like those Congress members who recently chose to do just about anything else rather than attend town meetings made up of angry folks who had, you know, a few pointed questions about health care and such.

鈥淲e鈥檙e always secretive.It鈥檚 part of being a legislator.鈥 鈥 House Speaker Joe Souki

Such escape artists, just like Houdini only without those annoying chains.

This comparison of constituent phobia is apt as far as it goes, but there is an even bigger, more serious problem here.For that let鈥檚 go back to capturing the magic.

John Dunninger, a听TV star in the ’50s and ’60s, was not only who used ESP to read peoples鈥 minds.He was also a debunker of phony sleight of hand psychics and mediums.

Dunninger who began his career in magic specializing in sleight of hand card tricks, said that darkness is the trickster鈥檚 most important tool:鈥淢ost so-called spiritualist tricks are accomplished in the dark.鈥

Darkness makes it harder to follow what is really going on as opposed to what the trickster wants you to think is happening.That鈥檚 why magicians do their best work in the dark.

When the chips are down and the final versions of bills get voted on, the Hawaii Legislature works in more darkness than a coal miner with a busted headlamp.

Or as the Democrats鈥 legislative boss man, Speaker Joe Souki, recently told a Civil Beat reporter, 鈥淲e鈥檙e always secretive.It鈥檚 part of being a legislator.鈥

Think of the present stage of legislative twilight time as a magician鈥檚 top hat or black box.听

An audience member gives a $20听bill to the magician, who puts it in the dark place, and 鈥 oh, oh, a rabbit comes out.Or a dove, a bouquet of flowers, colored scarves, panties.Or maybe nothing at all.Secret compartments, mysterious conversions.

That鈥檚 pretty much what happens to impending bills when they enter the Legislature鈥檚 own black box at mid-session, which by the way they just did.Poof, ,听or whichever, disappears.

In theory there are rules preventing a bill from turning into colored scarves or lace panties 鈥 the term of art is 鈥済ut and replace鈥 鈥 but in practice, not so much.

And like magicians, legislators have their own esoteric measures, those incantations that conceal what鈥檚 really going on.

These legislative abracadabras and waving of the wands are known in the biz as internal rules and procedures.

You beginning to see the problem? Let鈥檚 make it clear by considering the difference between magicians and legislators.

Concealment is a proper part of the magician鈥檚 craft.The audience may want to know how that guy did the trick but accepts and even enjoys the fact that it will not find out.Let the mystery be.

We have different expectations for the legislative process, not concealment but transparency and accountability.听

The clich茅 about not wanting to see how sausages are made is just that 鈥 a clich茅 that protects the legislative sausage-makers from us caring citizens with loud voices and speedy Twitter fingers.

As lame as Mizuno鈥檚 account was, he deserves credit because he revealed rather than concealed.His explanation opened our eyes about the process.

I understand that our Legislature, like any working group, needs its own internal norms and rules to be effective.I also understand the need for work-arounds and isolation, especially in heated, high-pressure situations.

But enough already.This kind of understanding bleeds into an acceptance that goes too far.

The familiar becomes the normal, which becomes, by default, the acceptable way of doing things.

If we continue to allow that to happen, we are succumbing to the familiar, to the spell of that old black magic that we know so well.

Democracy does not exist to make a legislator鈥檚 job easier.

The difference between legislators and magicians is that legislators are supposed to let us in on the secrets. Maybe not all of them, but secrecy and slight of hand should be the exceptions.

We have to avoid what they were singing about in the ’40s in the song, :

That old black magic has me in its spell
That old black magic that you weave so well
Those icy fingers up and down my spine
The same old witchcraft when your eyes meet mine

The same old tingle that I feel inside
And then that elevator starts its ride
And down and down I go, round and round I go
Like a leaf that’s caught in the tide

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About the Author

  • Neal Milner
    Neal Milner is a former political science professor at the University of 贬补飞补颈驶颈 where he taught for 40 years. He is a political analyst for KITV and is a regular contributor to Hawaii Public Radio's His most recent book is Opinions are the author's own and do not necessarily reflect Civil Beat's views.