Monthly Archives: September 2007

Uncategorized

CA-41: Lewis, DoJ Drain The Money Swamp

Bruin Kid lets us know that Jerry Lewis will be seeking re-election next year.  He’s obviously pretty confident that his legal troubles and investigations into his corrupt earmarking will amount to nothing.  I’m thinking this is why:

In Los Angeles, a federal criminal investigation of Rep. Jerry Lewis, a California Republican, stalled for nearly six months due to a lack of funds, according to former prosecutors. The lead prosecutor on the inquiry and other lawyers departed the office, and vacancies couldn’t be filled. George Cardona, the interim U.S. attorney in Los Angeles, declined to comment on specific cases but confirmed that lack of funds and unfilled vacancies caused delays in some investigations […]

People with knowledge of the case said that by the time the investigation stalled in December 2006, it had branched out into other areas, including Mr. Lewis’s June 2003 role in passing legislation that helped giant hedge fund Cerberus Capital Management. People associated with Cerberus around the same time gave at least $140,000 to a political action committee controlled by Mr. Lewis. Cerberus officials didn’t respond to phone calls or emailed questions concerning the Lewis inquiry […]

After the lead prosecutor in the Lewis case quit, others assigned to the case took time getting up to speed. Brian Hershman, a former deputy chief of the Los Angeles office’s public corruption section, declined to comment on specific cases, but confirms that his group’s work overall was derailed by the departure of experienced prosecutors. Like several others, he says he left for more money to support his family.

Replacements “are mostly rookies,” he says. “It will be some time before they’ll be able to restore the section to what it was before.”

With additional funds recently made available by Congress, the Los Angeles office has filled 12 of 57 lawyer vacancies and is expecting an additional 12 lawyers to start soon. To jump-start the Lewis investigation, Mr. Cardona, the interim U.S. attorney, in June called on a veteran prosecutor, Michael Emmick, to revive and supervise the investigation, people with knowledge of the investigation say.

Day late and a dollar short on that one, I’d gather.  This is approaching criminal conduct by the Justice Department.  At a time when the investigation was expanding, Debra Wong Yang (the US Attorney for the region) suddenly jumped ship for the law firm representing Lewis.  You can bet they never lacked funds; Yang received nearly $1.5 million.  The law firm, Gibson Dunn, took the top assistant off the case as well.  So the LA office was thrown into disarray precisely when the investigation was heating up, and the money for the office dried up at the same time.  Pathetic.  With or without Alberto Gonzales, we still have a DoJ protecting its own and politicized beyond control.  And this is the time when Democratic leaders are seeking to call off the dogs in the US Attorney case?

Uncategorized

Bloggers

The Courage Campaign is partnering with bloggers to run an online campaign of, by, and for the netroots to stop the Electoral Vote initiative — a craven right-wing power grab by the Republicans to hijack the presidency on June 3, 2008.

The measure, if passed, would dictate that California divide up its electoral college votes by congressional district — resulting in the Republican theft of at least 20 electoral votes in November’s general election.

Even though this is a California initiative, since we’re talking about more electoral votes than Ohio we need all hands on deck for a 50 State Strategy to beat it.

The strategy for this campaign is to use this effort as a way to grow and strengthen online progressive infrastructure in California. By using the Courage Campaign Issues Committee as the vehicle, the gains we make during the campaign won’t disappear on election day but will allow us to be better positioned for all future political battles in the state.

Already, bloggers are stepping up:

“These pernicious initiatives often pass in this state because they are cleverly misleading and they are on the ballot in low turnout elections,” Digby said. “This time it affects the whole country and it would be smart for everyone to get involved.”

“It’s simply intended to try a power grab for the radical right that dominates the national GOP,” declared Howie Klein. “They expect to use it to shave 20 electoral votes off the Democratic total.”

“They can’t get a permanent Republican majority through the strength of ideas, through developing policies that work, or by providing a compelling candidates with visions for the future that a majority of Americans can support” wrote McJoan at DailyKos. “So they resort to dirty tricks.”

“This is all about winning with a minority of support, which is something Republicans are good at,” noted Cliff Schecter. “This is urgent, as if this makes the ballot, and is supported, they will steal 20 electoral votes, or another Ohio, in 2008.”

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Uncategorized

Not In Our Name – The Pledge of Resistance Open Thread

Congress will soon be faced with a decision to continue funding the Occupation of Iraq.  To enablers of all parties: We will resist.

“The greatest Americans have not been born yet. They are waiting patiently for the past to die.”

edit: Sorry to have forgotten to note, that’s Saul Williams speaking truth to power.

The Pledge To Resist:

We believe that as a people living in the United States it is our responsibility to resist the injustices done by our government in our names.

Not in our name will you wage endless war.
There can be no more deaths.
No more transfusions of blood for oil.

Not in our name will you invade countries, bomb civilians, kill more children, letting history take its course over the graves of the nameless.

Not in our names will you erode the very freedoms you have claimed to fight for.

Not by our hands will we supply weapons and funding for the annihilation of families on foreign soil.

Not by our mouths will we let fear silence us.

Not by our hearts will we allow whole peoples or countries to be deemed evil.

Not by our will and not in our name.

We pledge resistance.

We pledge alliance with those who have come under attack for voicing opposition to the war or for their religion or ethnicity.

We pledge to make common cause with the people of the world to bring about justice, freedom and peace.

Another world is possible and we pledge to make it real.

Blog Roundup, Environment, Health Care

August 31, 2007 Blog Roundup

Today’s Blog Roundup is on the flip. There wasn’t much today — everyone’s already checked out for the long weekend, apparently — so I just dumped it in. Let me know what I missed.

To subscribe by email, click
here and do what comes naturally.

Uncategorized

ACA 8 amended

16 Comments

As Brian put up in the quickie, ACA 8 has been amended. The amendment protects churches and other houses of worship from eminent domain abuse, it is as follows:

The State or a local government shall not acquire by eminent domain for conveyance to a private person any real property that is used exclusively by the owner for religious worship, if that property is exempt from property taxation pursuant to subdivision…

ACA 8 now goes to the Assembly floor and still remains a piece of shit. I am not going to support something that increases and decreases people’s constitutional rights based on the kind of property they own.

Do you not think property rights are important? Well, maybe a little enlightening will help. Without property rights, all other rights are meaningless. If the government could take your home at any time for any reason, regardless of whether they pay compensation or not, would you be more or less likely to use your first amendment rights to criticize the government? Probably a lot less. We have no free press if no one can own a printing press. We have no freedom of religion if no one can own a house of worship. I could go on and on and on, but you get the idea

The 5th Amendment is clear: “nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation“

It says FOR PUBLIC USE! It doesn’t just say you they need to pay just compensation; if the property is taken, it has to be FOR PUBLIC USE! It also doesn’t say “nor shall residential property…” It says PRIVATE PROPERTY. It doesn’t distinguish the kind of property. And don’t tell me that that’s too specific for the constitution. Just look at the 4th Amendment:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated”

And don’t try the “unless they’re on welfare” argument on me. I’ve responded to that before, and click the link if you wanna see it

So, now with the constitutional parts out of the way. Can someone explain to me why taking away the roof over my head is so much different from taking away what pays for the roof over my head?

Brian has repeatedly cited “only 2 in the Bay Area in the last decade.” Only 2, my ass. That statistic is exclusively talking about homes, and to the extent that the government has had to resort to eminent domain. To claim what he is claiming is like counting the amount of robberies by how often the gun gets fired. It’s the fact that the gun is pointed at the person’s head that’s the problem

A “sale under threat of seizure” is not a voluntary sale. It’s just as bad as seizure, but it’s not counted in the statistic.

Second, eminent domain abuse overwhelmingly happens more with small businesses. And again, taking away what pays for the roof over my head isn’t much different from taking away the roof over my head. And again, property is property, our constitution makes no distinction in the 5th Amendment.

Now I hear you saying, “It’s not seizure, people receive just compensation. No one’s property rights are being violated”

First off, just compensation my ass. They send in their own appraiser, whose lowball estimate is final unless you want to spend your savings (if it’s your business they’re condemning, which is most likely) challenging them in court. And the second you touch the money, YOU WAIVE YOUR RIGHT TO CHALLENGE THE AMOUNT!

Second, even if they paid “just compensation,” that misses the big picture. Property rights include the right to say NO. That’s gone in eminent domain. If they OWN the property, it is theirs to sell or not to sell as they please. And if you don’t think so, here’s a check for your home, and pack your things because I’m moving in on Monday. You wanna resist? Okay, I’m gonna send in thugs to force you to sell for this amount

The government should then be there to protect you from the thugs. Now the government IS the thugs.

When De La Torre says, “Eminent domain is a legitimate government function,” yes it is a legitimate government function FOR PUBLIC USE!

ACA 8 ingrains eminent domain abuse into the constitution. It allows eminent domain for private use if it’s “part of a comprehensive plan to eliminate blight.” THAT’S THE EXACT PROBLEM WE HAVE NOW. THE PROBLEM IS THAT BLIGHT IS TOO VAGUELY DEFINED THAT IT CAN APPLY TO ANYTHING! THIS DOES NOTHING TO CHANGE THAT, BUT RATHER IT INGRAINS THAT ABUSE INTO THE CONSTITUTION

“Local governments know better than us as to what is blighted and what’s not. Our deference is to them” That’s like letting the accused decide whether he’s guilty. Need I say more?

*Apartment buildings and rental properties are not protected

*Farmland isn’t protected. (and they actually say “Farmland is already protected from being taken by eminent domain for redevelopment.”) Already protected, my ass. Tell that to the owners of Conaway Ranch (look it up if you don’t know what it is)

*This makes little change to current law, and locks in the abuses in the Constitution

*This increases and decreases people’s constitutional rights based on the kind of property they own

I will repeat the 5th Amendment one more time: “nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation“

If you would like for it to say “nor be deprived of life, liberty, or property, without a majority vote of the people or due process of law; nor shall private property be taken without just compensation” then go through the legal channels to amend the constitution. At least they’re doing that with the flag burning amendment. Don’t pretend it says that now

Arnold Schwarzenegger

Arnold Now Has 2,148 Copies of the Dirty Tricks Initiative

7 Comments

(bump – promoted by Lucas O’Connor)

copies on the sealOn August 23, Gov. Schwarzenegger said:

“I haven’t looked at the language and I’m not saying I’m against it or I’m for it or anything.”

Well, now he has 2,148 opportunities to read the thing and say whether he is for it or against the dirty trick initiative.  Thanks to you.

We asked the blogosphere and thousands of Courage Campaign members to send him a copy and boy did you deliver.  I had to get my weightlifter friend to help me cary them in to the Governor’s office.  Mind you it is about 100 degrees in Sacramento today.

I had given the press office a heads up that I was coming, just so we would not have an issue when I arrived.  Unfortunately, the guy I talked to was no longer around when I arrived.  A Sergeant at Arms directed us to the back door drop-off location.  After some convincing and him talking to the governor’s staff, we were allowed to go in to the governors office.  Everyone was very gracious.  The CHP officer laughed when I told them what we were up to.  Not so much from the governor’s staff…

Here are the boxes sitting on the official seal of the governor and one of me with the boxes.  They are now in the hands of the governor’s staff.  Hopefully, at least one makes it’s way to the governor’s desk.

me and boxesAs for me, I am thrilled to see a brainstorm idea I came up with a week ago, translate into thousands of Californians taking action and creating a real world impact.  We asked, you answered and we delivered.  I look forward to many more.  It was a thrill to be your messenger.

Like Rick Jacobs, the Chair of Courage Campaign says:

Thousands of Californians have made one simple request of the governor: please spend five minutes and read the initiative closely. The next time the Governor is asked publicly about this initiative, he will no longer have an excuse to play dumb about this partisan dirty trick.

The Republicans are pushing this dirty trick in an attempt to steal the election and our “post-partisan” governor is claiming ignorance. Has he failed to grasp the lessons of the 2005 election? In California, partisan power grabs are unacceptable and divisive.  It is time for him to do the right thing.

Thank you to all who took action.  If you have not done so already, please join the Courage Campaign and pledge to defeat this initiative.  No matter where you live, you can help us beat back this dirty trick.

Welcome HuffPo readers.  They have my picture and a link back to this post on the Politics section right now.  I screen grabbed for posterity sake.

Health Care

Health Reform and the Year of Magical Thinking

5 Comments

(Absolutely. Pushing a rushed reform compromise in two weeks would be a travesty, and it speaks to how deeply broken the legislative process is, because it creates all of these bottlenecks that, deliberately IMO, stifle debate. Sen. Kuehl makes a ton of sense here. However, I would be open to a special session to get something done if the process were made more open. – promoted by David Dayen)

Health Reform and the Year of Magical Thinking

The Year of Magical Thinking is the title of a memoir by Joan Didion detailing her state of denial, inexplicable behaviors and, finally, coming to grips with, the death of her husband. It’s also an apt description of the Governor’s 2007 approach to reforming our broken healthcare system, with the glaring difference that he still hasn’t come to grips with the truth. (After all, if a complicated movie plot could be resolved in less than two hours, who not fix healthcare in California in nine months?)

Beginning in January, the Governor ordered his health advisors to sketch the outlines of a plan that would magically “cover” all Californians by simply requiring them to buy health insurance.  To this moment, he has refused to negotiate any of his major points with the Legislature.  The language for his plan was finally drafted five months later, and shown, under wraps, to a few, select people.  Not one legislator agreed with it, and no one would carry the bill as legislation. 

More on the flip…

To fill the void raised by the Governor’s magical “we must do something this year” drumbeat, the Democratic leaders began crafting their own reform plan.  To date, however, the Governor and the Legislative leadership have remained oceans apart on the broad policy strokes of health care while public support for the current insurance-company controlled system has plummeted and support for the reforms contained in SB 840, the Medicare-like fix for California, has grown.

Now, with less than two weeks remaining in the first half of the two-year legislative session, there is still no “something” on the table and the Governor, like a Barnum and Bailey’s ring leader, continues to announce that he will, assuredly, pull a rabbit out of a black hat.  Actually, there is no way of knowing if the result would really be a rabbit; it could just as easily be an albatross. 

The Governor has further limited discussion by announcing that he would veto both of the legislative proposals that have actually been introduced as real bills. SB 840, by far the most carefully crafted, transparent and fully vetted bill, will remain in the Legislature until next year, since sending it down to him for a veto would end any consideration of single payer until 2009.  The individual mandate provisions in the Governor’s pronouncement are being emphatically rejected by virtually all stakeholders representing the people who would be forced to pay uncapped premiums.  The percentages to be paid by employers and individuals, hospitals and doctors, people in a “pool” and those outside, those above differing percentages of the poverty scale and those below, are so far apart in the Governor’s pronouncements and the Speaker’s bill, you could drive trucks through the gaps.  The Governor’s lynchpin financial mechanism of a provider tax remains submerged under the very murky water of a 2/3 vote.  What convoluted compromise might be devised in a last-minute attempt is anyone’s guess.

Nonetheless, we are told that, unless we agree to pass a yet-to-be hastily drafted bill that incidentally may be the biggest reform proposal ever attempted in health care, and pass it in two weeks, thus completely bypassing the entire political process and any semblance of open public input, we’ve completely failed and health reform is doomed forever.  Please.

The prospect of legislative staff, sitting behind closed doors, hastily crafting a 100-page health reform “compromise”, to be pushed through the legislature with little or no public input over the course of the next 14 days, is deeply irresponsible.  Frankly, given the example of the energy deregulation bill, we ought to know better.

Moreover, we lose nothing by taking advantage of the fact that the sessions of the California legislature are two year sessions.  Many of our major accomplishments, most recently, AB 32, the bill related to greenhouse gas, took more than one year to achieve.  Next year’s Presidential campaigns will ensure that health reform stays as the top of the agenda.  More importantly, the issue of health reform will continue to dominate because the people need it and want it.  What they want, and deserve, however, is responsible health reform, not a new debacle that benefits the health insurance companies the way the electricity bill benefited Enron.

Finally, we must not forget the reason that we are in this crisis to begin with.  Health care premiums changed by insurance companies continue to grow 3-4 times faster than wages.  A solution is needed that pays attention to adequate funding, affordability, cost controls and quality.

Even if the Legislature should pass a last minute convoluted experiment in health reform, there will still be a need to continue the work to enact a fully vetted, Medicare-like single payer system that replaces the insurance companies with a plan for all Californians, allows each person to choose their own providers, and protects affordability, comprehensive coverage and quality.  Such a solution is the only sensible and tested way to achieve universal health care responsibly.  Whatever happens in the next two weeks, the movement for single payer universal health care is continuing to grow, and SB 840 will continue as its focal point, the only legislation that establishes the kind of truly universal, modern and affordable health care system the people of California need and deserve.