Tag Archives: Eric Holder

Senators Add Fire to Scandal Over Phony California Fuel Crisis

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Today, senators from California, Washington and Oregon joined our call to investigate refineries, asking the Department of Justice to comb through California refineries one by one to see whether market manipulation or false reporting by oil refineries had something to do with record $5 a gallon prices at some California gas stations last month and near record prices earlier in the year.

Read our letter to California Attorney General Kamala Harris here.

“We are requesting a Department of Justice investigation of possible market manipulation and false reporting by oil refineries which may have created the perception of a supply shortage, when in fact refineries were still producing,” wrote six Senators, including California Senators Dianne Feinstein and Barbara Boxer.

The Senators cited the same report we did by McCullough Research concluding that price spikes in May and October happened while crude oil prices were declining, and inventories were increasing, possibly in conjunction with misleading market-making information.

The Senators called on Attorney General Eric Holder to use existing authority to prevent and prosecute fraud and collusion, and to draw upon the Federal Trade Commission to prohibit fraud or deceit in wholesale petroleum markets, and on the Securities and Exchange Commission, the Commodity Futures Trading Commission, and the Federal Energy Regulatory Commission to exercise their power to prevent the use of any “manipulative or deceptive device or contrivance.”

Read the Senators’ entire letter here.

Consumer Watchdog wrote California Attorney General Kamala Harris on November 15 calling for a criminal investigation of possible market manipulation or false reporting by refineries to drive up the price of gas to the highest in the nation, based on the McCullough report.  

Between the Justice Department and its collaboration with other agencies in Washington and the California Attorney General on the West Coast, consumers should be getting some answers about why wild gyrations in the price of gas cost them $1 billion dollars extra in a short span of time in October, adding up to a 66-cent-per-gallon windfall for oil companies, or about $25 million a day, according to the McCullough report.

CAMPAIGN PRESS RELEASE – July 27, 2010

PRESS RELEASE – July 27, 2010

CANDIDATE LUTZ CALLS CONGRESSMAN HUNTER OUT ON HIS ANTI-AMERICAN SANCTUARY CITIES “GAG-ORDER”

LUTZ SAYS IMMIGRATION POLICY TOO IMPORTANT TO BE USED AS PARTISAN ELECTION FOOTBALL

El Cajon, Calif. –

“Hunter wants to stop the debate, but he knows he can’t pass his gag order — he’s just playing partisan politics to get in the news,” said Ray Lutz, the Democratic challenger to California’s 52nd Congressional Seat. “I say let the courts chew on Arizona’s SB-1070 law and decide once and for all if it is unconstitutional. What’s the harm in that?”  

Lutz, 52, spoke in rebuttal to recent statements by Rep. Duncan D. Hunter, who this week introduced a bill into the U.S. House designed to block the department of justice from prosecuting its case against the State of Arizona for passing a law mandating all persons to carry immigration documents.

“Congressman Hunter’s support of this Arizona-type of immigration control amounts to a type of Produce Tax,” said Lutz. “If we had this kind of law affecting California’s central valley, ag labor costs would shoot through the moon – and the cost for each family to put food on the table would increase considerably.”

Lutz said Hunter’s bill aims to force the DOJ to cut Criminal Alien Assistance funds (SCAAP) from counties, such as San Diego, where law enforcement doesn’t demand immigration paperwork in every encounter with suspected immigrants. Last year, San Diego County received nearly $3 million in SCAAP funding for much-needed alien detention reimbursement, which could be in jeopardy if Hunter’s bill ever became law. The bill is seen to have very little chance of passing, however, as only five items of Hunter-sponsored legislation have ever become law – most of which were ceremonial, nothing more.

In previous statements, Hunter’s anti-immigrant stance has taken him beyond simply endorsing Arizona’s unconstitutional law. In April, The Congressman received heavy criticism for saying he would favor deporting “natural born American citizens that are children of illegal immigrants,” because the country couldn’t “afford” to continue current practices.

“Disrepecting birthright citizenship flouts the 14th amendment to our constitution, and suggests we should revisit the civil liberties gained after the Civil War” said Lutz. “This guy is representing us and he can’t even respect the bill of rights. Which right will he go after next?”

Ray Lutz for Congress is hosting a public fundraising party in the Gaslamp District this upcoming Friday, July 30, between 4-7pm at the Tequila 100 Bar & Grill.

Ray Lutz for Congress can be reached at: 619.447.3246

The Reaction: Tough On Crime Robots Cannot Come To Terms With Reality

The federal ruling to reduce the prison population by over 40,000 is the result of a years-long, if not decades-long process, where the failed leaders run amok in Sacramento have let the corrections system grow completely out of control, preferring to warehouse prisoners into modified Public Storage units instead of embarking on same, smart policies that would save us money and make us safer.  In response to this damaging comment on the state’s failure, the political leadership has… signed up for more failure:

Attorney General Jerry Brown said in an interview that the order is probably not appealable, but eventually the state will have to consider going directly to the U.S. Supreme Court, marking the first time the high court would face such a case.

“I think the Supreme Court would see it differently,” Brown said.

State officials said the proper solution is for the governor and legislators to work out a reduction plan as funding becomes available. The state should not be forced to function under the hammer of a federal court order, they said.

“We just don’t agree that the federal courts should be ordering us to take these steps,” said Matthew Cate, secretary of the state Department of Corrections and Rehabilitation.

How dare the federal courts order anyone around to respect Constitutional rights against cruel and unusual punishment!  Who the hell do they think they are, a co-equal branch of government?

What’s so interesting about this is how abnormal it is.  Federal courts grant a significant amount of leeway to the states to manage affairs.  But when a state consistently and deliberately violates Constitutional rights without letup, they must act.  And that’s been true for a long time.

California’s archipelago of 33 prisons houses more than 170,000 inmates, nearly twice the number it was designed to safely hold. Almost all of its facilities are bursting at the seams: More than 16,000 prisoners sleep on what are known as “ugly beds” – extra bunks stuffed into cells, gyms, dayrooms, and hallways. [Governor Arnold] Schwarzenegger has referred to the system as a “powder keg.”

….Even as Schwarzenegger has promised reform, the corrections budget has exploded during his term, from $4.7 billion in fiscal 2004 to nearly $10 billion in fiscal 2007, or about $49,000 for each adult inmate.

….For more than three decades, California has been trapped in a self-perpetuating cycle where putting more people in prison for longer periods of time has become the answer to every new crime to capture the public’s attention – from drug dealing and gangbanging to tragic child abductions. Spurred on by a powerful prison guards’ union and politicians afraid of looking soft on crime, corrections has become a bottomless pit, where countless lives and dollars disappear year after year. And now that it has metastasized to the point where even a tough-guy governor and the guards agree that the prisons must be downsized or else (see “When Prison Guards Go Soft”), every attempt at change seems stymied by inertia. The sheer size of the system has become the biggest obstacle to finding alternatives to warehousing criminals without preparing them for anything more than another cycle of incarceration. “The public believes the prison population reflects the crime rate,” says James Austin, a corrections consultant who has served on several prison-reform panels in California. “That’s just not true. It’s because of California’s policies and the way it runs the system.”

This is a policy failure driven by a political failure, a cowardly series of actions that arises from a broken system of government.  Dan Walters happens to be spot-on today – politicians have played on people’s fears for 30 years and, faced with the tragedy they created, delayed and procrastinated until it became so torturous that the courts had to step in.  From the three-strikes law to the 1,000 sentencing laws passed by the Legislature, all increasing sentences, nobody comes out looking good in this failure of leadership.  Even the Attorney General of the United States recognizes that we cannot jail our way out of crime problems.

“We will not focus exclusively on incarceration as the most effective means of protecting public safety,” Holder told the American Bar Association delegates meeting here for their annual convention. “Since 2003, spending on incarceration has continued to rise, but crime rates have flattened.”

“Today, one out of every 100 adults in America is incarcerated – the highest incarceration rate in the world,” he said. But the country has reached a point of diminishing returns at which putting even greater percentages of America’s citizens behind bars won’t cut the crime rate.

Mark Kleiman has additional good thoughts.

Clarification On The End To Medical Marijuana Raids

When the Administration announced an end to medical marijuana raids by the DEA, they abruptly took back the statement a few hours later.  There was a bit of confusion about the new policy.  Eric Holder put an end to that.

Attorney General Eric Holder signaled a change on medical marijuana policy Wednesday, saying federal agents will target marijuana distributors only when they violate both federal and state law.

That would be a departure from the policy of the Bush administration, which targeted medical marijuana dispensaries in California even if they complied with that state’s law.

“The policy is to go after those people who violate both federal and state law,” Holder said in a question-and-answer session with reporters at the Justice Department.

Good.  There is little justification to waste Justice Department resources harassing Californians and Americans in 12 other states engaging in perfectly legal activity.  Holder must follow the law but he also has discretion in setting priorities, and it’s good to see him recognize that arresting local businessmen and their patients makes no sense.  There remain questions about outstanding medical marijuana federal court cases with over two dozen dispensaries, and hopefully the solution will be to drop the charges.

In a related story, Maxine Waters wants to end mandatory minimum sentencing for federal drug offenses, and the bill has 15 co-sponsors.  The Bureau of Prisons budget has increased 25-fold since mandatory minimums were introduced.  Small drug cases belong in state courts, where offenders could be given treatment instead of jail.  Furthermore, these kind of drug cases disproportionately impact minority communities.

H.R. 1466, the Major Drug Trafficking Prosecution Act of 2009, seeks to repeal mandatory minimum sentences for drug offenders and to give courts the ability to determine sentences based on all the facts, not just drug weight. It would also refocus federal resources on major drug traffickers instead of low-level offenders. There is currently no companion bill in the Senate.

Sen. Boxer, your office phone is ringing.

21st Century Bull Connor: Shameless Intransigence

This is from the “Have They No Shame?” department. For the past couple of months I’ve been talking about the abuses going on in Maricopa County, Arizona  (that’s where the fine city of Phoenix is located) at the hands of the local sheriff there, Joe Arpaio.  

Arpaio’s officers have arrested people who disagree with his policies just for clapping. In the face of Sheriff Arpaio’s abuses, including police brutality, forced family separation, racial profiling, slow emergency response times, unjustified arrests, inmate abuses and more, ACORN members and allied community groups recently delivered a petition to Congress asking for an investigation of Arpaio, and then we sent petitions to the Justice Department and the Department of Homeland Security. Find out Arpaio’s response on the flip.

Congress has responded.  So has the Justice Department.

So what was his response? To take a long hard look at these policies and perhaps focus on reducing crime rather than deciding who is and who isn’t an American based on their skin color or first language?

Nope.

It was intransigence. He sent around a press release stating that he is “even more determined even as criticism mounts.” This is from a sheriff facing more than 2,700 lawsuits, many citing civil rights violations.  

Arizona ACORN members have been protesting his brutal police tactics, most shockingly his recent publicity stunt of separating out 200 inmates from the county jail who are undocumented immigrants and marching them in chains to a separate “tent city” surrounded by an electric fence.

But, on March 10, Acting Assistant Atty. Gen. Loretta King sent a letter to Sheriff Arpaio informing him that the Justice Department was initiating an investigation of the Maricopa County Sheriff’s Office (MCSO).  

The very next day, U.S. House Judiciary Chairman John Conyers (D-Mich.), along with three other members of the House Judiciary Committee – Rep. Zoe Lofgren (D-Calif.), the chairwoman of the Subcommittee on Immigration; Rep. Jerrold Nadler (D-N.Y.), chairman of the Subcommittee on the Constitution and Civil Rights; and Rep. Bobby Scott (D-Va.), chairman of the Subcommittee on Crime, Terrorism and Homeland Security – announced that they will conduct a Congressional hearing into Sheriff Arpaio’s alleged civil rights abuses.

These four representatives also have sent a letter to U.S. Secretary of Homeland Security Janet Napolitano, asking that her office investigate Arpaio’s actions too. Secretary Napolitano’s office has yet to call for an investigation.  

That’s where you come in.

We need to ask her to take a stand, the same way that Attorney General Eric Holder has and the Congressfolk listed above have.

This is why she has juice here: Sheriff Arpaio’s office boasts the largest “287(g)” agreement with DHS. This agreement outsources enforcement of federal immigration laws to local policing organizations. Sheriff Arpaio has 160 officers on the project but none chasing the 70,000+ outstanding warrants in the County.

Under this agreement, Sheriff Arpaio and his officers may demand to see the papers of anyone they apprehend for any violation, even something as small as a broken tail light.    

If you don’t have the right papers with you, you can be arrested and detained without charge for up to 10 days, even if you are a US citizen. I mean, who carries their birth certificate with them to the store?

Join us in writing to Secretary of Homeland Security Janet Napolitano asking that DHS:

1.  Stop the raids in Maricopa County.

2.  Suspend Sheriff Arpaio’s 287(g) agreement.

Thousands of immigrant families are living in terror under Sheriff Arpaio’s reign.  We can’t let his racist policing continue. Please take action!  

21st Century Bull Connor Closer To Feeling Fire Hose Turned On Him

Just over a week ago, I told you about the latest affront to human dignity carried out by the 21st century’s answer to Bull Connor.  At the beginning of February, a month in which we celebrate the birthday of Abraham Lincoln, Maricopa County (Arizona) Sheriff Joe Arpaio decided to bring back a staple of the Jim Crow South – the chain gang – to the Southwestern desert. He marched 200 undocumented prisoners from the County Jail to a tent city a couple of miles away. He put them in chains and paraded them through the city streets of Phoenix to the open air jail, surrounded by an electric fence.  

Well, that little stunt earned him, besides the full-throated outrage of human rights activists, immigrant rights groups, and organizations that care about the rights of communities of color, working families, and effective policing, the scrutiny of powerful members of the United States Congress. And we want you to help add your voice to this scrutiny.  

As a result of street actions by Arizona ACORN members and other pro-New American organizations, the voices that many of you raised through petition efforts like the one ACORN launched on February 5th, and meetings between ACORN leaders in DC for our annual Legislative and Political Conference and the staff of House Judiciary Chair John Conyers, Chairman Conyers issued a request today that puts Arpaio’s actions squarely in the cross-hairs.

Joining Chairman Conyers, a lion of America’s Civil Rights Movement, were Immigration Subcommittee Chairwoman Zoe Lofgren (D-Calif.), Constitution Subcommittee Chairman Jerrold Nadler (D-N.Y.), and Crime Subcommittee Chairman Bobby Scott (D-Va.), who all called on Attorney General Eric Holder and Homeland Security Secretary Janet Napolitano to investigate Arapio’s long-running reign of terror and error.  

The Congressional leaders are also asking for an investigation of the agreements between Maricopa County and the United States Government under section 287(g) of the Immigration and Nationality Act. I am asking you to join with us and add your voice to those calling for an investigation of actions such as these:

A taste of the Jim Crow South in the heart of Phoenix.  

Arresting activists at public hearings for applauding calls for investigations into his actions.

Forcibly separating parents from citizen children as the result of his police-state approach to America’s immigration challenge.  

Frankly, it is about time. The people of Maricopa County deserve better, New American communities and communities of color deserve better, and all Americans deserve a better model for the challenges of immigration facing this country. The Arpaio spectacle shows that a police-state solution does not work.

With your help, Attorney General Holder and Secretary Napolitano will listen to the request from Conyers and his subcommittee Chairs and take a second step towards bringing real justice back to Maricopa County and ensuring that law enforcement isn’t simply about “just us”.

Stand with us in helping make that happen.  

Republican Lawmakers Lawbreaking

Punishable by two-four years in prison:

Labor and environmental groups have asked California Attorney General Jerry Brown to investigate whether Republican state lawmakers are engaging in illegal vote trading during budget talks.

“It’s a serious question and we’re reviewing the matter carefully,” Brown responded Thursday.

The California Labor Federation, State Building and Construction Trades Council, Sierra Club California and the Planning and Conservation League wrote to Brown on Wednesday – and sent a copy to U.S. Attorney General Eric Holder, too – citing reports that the Legislature’s GOP leaders are withholding votes on a state budget while attempting to win votes on unrelated matters.

[…]

It asserts this violates California Penal Code Section 86, prohibiting lawmakers from giving or promising to give “any official vote in consideration that another Member of the Legislature shall give this vote either upon the same or another question.

Join the Facebook Group to stand with unions and environmentalists in asking that Jerry Brown investigate.