House Judiciary Warns DoJ on Perata Leaks

I’ve been mulling this around in my head for a few days.  Three powerful members of the House Judiciary committee have have sent a letter to the Justice Department calling for an investigation into leaks surrounding the inquiry into State Senate President Pro Tem Don Perata.

No article since November 2004 has explicitly said that any information came from a federal government source. But in a letter to U.S. Atty. Gen. Michael B. Mukasey obtained by The Times on Monday, U.S. Reps. John Conyers Jr., Linda Sanchez and Zoe Lofgren wrote, “We are disturbed and concerned that news story after news story . . . has cited federal law enforcement sources as the basis of information.”

The only article specifically mentioned in the July 31 letter was a story in the San Francisco Chronicle. The article cited “sources familiar with the probe,” a broad term that could encompass federal agents, defense attorneys and people who have been questioned […]

On Friday, the day after the congressional letter was sent, a Wall Street Journal article said the investigation into Perata “gained momentum over the past year.” The article’s details were attributed to anonymous people “close to the defense,” who said Perata’s longtime political consultant, Sandi Polka, was granted immunity to compel her to answer questions.

(Here’s that SF Chron article mentioned in the letter.)

The Perata investigation certainly has dragged on for years, leading to him needing more and more funds to raise in his defense.  In particular, the dumping of $250,000 from the California Democratic Party into his legal defense fund raised a lot of eyebrows around these parts.  After the initial explanation of “We’re the CDP and we can do what we want,” a secondary explanation was that the investigation had been politicized and that this was part of the DoJ’s efforts to prosecute and delegitimize Democrats.  A couple weeks later, out comes this letter, signed by two members of the California delegation.  But it’s Conyers’ participation that makes me believe that this is a real concern.  I trust Conyers enough to think that he wouldn’t simply badger the DoJ to help out a political problem in California.

Of course, let’s look at what the letter is actually alleging.  It’s not suggesting that the investigation itself is unnecessarily political, but that someone inside the investigation is using the media to disparage Perata.  That may well be true, but it doesn’t necessarily follow that the whole investigation is a farce.

Let’s now look at what this does NOT suggest:

• It in no way excuses the CDP for paying off Perata with $250,000 in the middle of an election year, whether that money was simply laundered through them and earmarked for Perata or not.  Based on this SacBee report, it appears Perata is perfectly capable of raising money for himself:

Senate President Pro Tem Don Perata has solicited at least $200,000 this year from political interest groups for a nonprofit foundation that promotes and rallies support for one of his bills.

The arrangement, apparently legal, allows the Senate leader to solicit unlimited funds for his own political agenda without having to detail how the money is spent.

“He may have found a loophole in the Political Reform Act that needs to be closed,” said attorney Bob Stern, a co-author of the state’s Political Reform Act who now runs the Center for Governmental Studies in Los Angeles.

Which leads me to point 2:

• There is no way that Perata should still be Senate President Pro Tem at this point.  While he has done a good job of hammering Republicans for their intransigence on the budget, this image hit, as well as the constant distraction of having to find new ways to raise money for his legal bills, are not what we need at this sensitive time, ESPECIALLY when Darrell Steinberg is waiting in the wings and perfectly capable of performing the same duties without the black cloud of indictment hanging over the head of the Democratic leadership.  They haven’t even taken a caucus vote on this yet, to my knowledge – it’s currently scheduled for August 21, but during these budget negotiations that’s doubtful to come off.

It is perfectly consistent to be skeptical of the Justice Department’s case against Perata and to ALSO demand that he step down from his leadership position, and to excoriate the CDP for their conduct in either shoveling Perata money or acting as a conduit for that fund transfer.

Friday Linky Open Thread

I think these open threads are working out.  Hope you enjoy them.  Here are a few thoughts.

• This is a week old, but Nick Kristof’s column about Prop. 2 (the farm animal safety measure) is well worth your time.

• It’s still up in the air whether or not we’re going to have Alan Keyes on the California Presidential ballot in November.  There’s a lawsuit between two members of the American Independent Party over who should be their nominee.  It seems to me the very definition of “frivolous,” but as someone who deeply enjoys mocking Alan Keyes I have a dog in this fight, so do the right thing, Sacramento Superior Court!

• The Log Cabin Republicans, who I also like to call “gluttons for punishment,” rolled out their No on 8 campaign last week.  The website is Republicans Against 8.  It’s the libertarian thing to do to get government out of the bedroom, so hopefully they’ll sway some folks.

• This is absolutely revolting and someone needs to go to jail:

For hundreds of homeless people, posing as phony hospital patients provided them a clean bed and cash. For the hospitals that processed them, it meant a full patient-load and a paycheck from the government.

Now some of those allegedly involved in what authorities say was a massive scheme have been charged with billing government programs for millions of dollars in unnecessary health services.

A hospital CEO was arrested Wednesday after federal agents raided three medical centers. City attorney Rocky Delgadillo’s office has also sued the hospitals, saying they used homeless people as “human pawns.”

It’s kind of the flip side of homeless dumping, or who knows, it was run in concert.  Either way, sickening.

• Jerry Lewis is trying to get a bunch of lobbyists to fund his Congressional portrait.  The worst part about this deal is that Jerry Lewis will have a Congressional portrait hanging in our nation’s capital.

Add whatever you wish in the comments.

Stopping Voter Suppression: The Press Gets It Right in Virginia

Cross-posted at Project Vote’s blog, Voting Matters

Weekly Voting Rights News Update

By Erin Ferns and Nathan Henderson-James

We spend a lot of time in these news updates showing how charges of voter fraud are used to discredit voter participation efforts and prime the pump for voter suppression efforts, such as the passage of voter ID bills, pushing for proof of citizenship, engaging in draconian voter purge efforts, and imposing sever restrictions on voter registration drives. We have also spent a lot of time carefully delineating the politics behind these efforts, starting with our March 2007 report The Politics Of Voter Fraud and continuing on in these diaries to name but two venues.  

What is striking about how the process of disenfranchisement and voter suppression works is how much it relies upon the media to repeat and amplify the breathless and hyperbolic accusations of so-called voter fraud against voter registration drives. If journalists were to spend any time at all investigating the sensational claims – often made by people with a direct partisan interest in the outcome of an election –  they would find that the accusations are mostly taken out of context, are limited to a few instances, and have never, ever, been proven to have resulted in any fraudulent vote being cast.

Sadly, the history of this issue shows that it has been bereft of this kind of basic journalism, even through the 2006 mid-term elections. This is important because haphazard reporting of partisan claims of voter fraud without checking the facts is how the media helps these voter suppression efforts. These stories not only deter potential voters from getting on the rolls, but, as noted above, inspire bad election reforms aimed at disenfranchising voters, particularly those that are currently underrepresented in the electorate.

A prime example of this kind of lazy journalism in recent weeks comes from Las Vegas where local reporters simply repeated accusations of fraud made by the Clark County clerk against ACORN without even bothering to contact ACORN to see how their drive was being managed.  

The group’s registration drive has reached one million voters nationwide [Full disclosure – it is run under a Joint Effort Agreement with Project Vote. ed.] and, according to one article, election officials see “rampant fraud” in the 2,000 3,000 cards submitted by the group each week in Las Vegas. This week, the Associated Press reported that the state set up a “voter fraud task force” to look for “election irregularities and instances of questionable voter registration and intimidation,” directly citing issues with voter registration drives.  Neither of these Nevada reports provided the facts of voter fraud, what it is and how it relates to the voter registration process. Most importantly, neither reports cite real examples of the intentional casting of an illegal ballot – the real definition of voter fraud – in the state.

However, it may be that the hard work Project Vote and others – including the Brennan Center for Justice at New York University, DEMOS, and the Advancement Project – have engaged in over the past few years debunking the voter fraud myth is beginning to change the way journalists approach these stories.

This week, several publications broke this trend by debunking recent Virginia GOP allegations of widespread voter fraud as a result of massive voter registration drives that primarily target youth, low income and minority communities – constituencies that have a long history of being underrepresented on the voting rolls and in the voting booth.

Since the beginning of the year, an unprecedented 147,000 people – “almost half under the age of 25” – registered to vote in Virginia, according to Monday’s Washington Post lead editorial. Pointing to a recent incident where three members of the Community Voting Project were arrested for falsifying voter registration cards, Republican Party chairman, Del. Jeffrey Frederick of Prince William County claims widespread voter fraud is a hidden agenda in voter registration drives.

Remarkably, however, this time the press decided to investigate this inflammatory accusation. This charge is “utterly baseless” and is “unsupported by election officials, police or prosecutors,” the Post notes in the editorial. In fact, the Post described the accusation as an exercise in “fear mongering” by Frederick, amplified by his allegations that citizens who register with these drives are also vulnerable to identity theft, a claim that amounts to nothing more than “a classic attempt to suppress votes,” the Post editorialized.

Bob Bauer, at his Web site, www.MoreSoftMoneyHardLaw.com, takes the critique one step further, looking at both the accusations and the Post’s coverage. “And the Post omits mention of another feature of Fredericks’ suppression gambit,” wrote the election law attorney. “He also called for an ‘investigation,’ well understanding that his words would creep into the press on his remarks and filter out into the electorate.”

In a prime example of the kind of journalism that should happen as a matter of course when these kinds of serious allegations are made, a Virginia reporter for the Danville Register & Bee reached out to local registrars to get a real idea of the voter registration process and how unlikely it is to lead to voter fraud.

“‘It’s not easy to falsely register somebody,’ said Pittsylvania County Registrar Jenny Saunders, who explained that in addition to the registrar going over the application for obvious errors (like missed questions), there’s a statewide database all applications are checked against.”

Partisans out for political gain perpetuate fear about the integrity of the election system, something that the media often picks up unfiltered. “In fact,” the Post wrote, “it is groundless accusations and cynical fear-mongering such as Mr. Frederick’s that are injecting the real venom, and the true threat, into the elections.

Below are some important facts to consider when writing (or reading) reports on voter registration fraud:

Voter Registration Drives Rev up in Presidential Election Years

The fact that young people and minorities are expanding the voting rolls this year does not indicate that something is awry with voter registration drives. Indeed, most large-scale drives target those populations least represented in the electorate. Further, in high interest election years, especially presidential, more people are motivated to help register voters or get registered themselves. Stories about so-called voter fraud should be evaluated in terms of the number of cards thought to be fraudulent versus the total number of cards the registration drive is gathering. In Virginia, a handful of fake cards were found in a drive that could register more than 30,000 people.

Voter Registration Fraud Does Not Lead to Voter Fraud

“We have the checks and balances…to makes sure the wrong person doesn’t get registered and the right person does,” said Va. election official, Saunders in the Register & Bee.

Further, professionally-run drives expect almost a third of all applications to be duplicates or incomplete, no matter how well-trained the canvasser or volunteers are. This does not mean they are all illegal. However, the registrar is required to ensure all applications contain accurate information “including whether the applicant is a citizen, their Social Security number, date of birth, full name, valid residence, whether they’ve been convicted of a felony, or whether they have been determined mentally incapable…If any of that is left off…the application is denied,” according to the Register & Bee. Note: Not all states require Social Security number information to be filled out on  a voter registration card. For more information on your state’s requirements on registering to vote, visit ProjectVote.org.

Allegations of Voter Fraud are Often Motivated By Partisan Gain

“If you’re not winning at the ballot box, try your chances in the registrar’s office, or in court,” the Virginia Pilot editorialized.  “[That’s] [h]ardly democratic.”

Following the success of voter registration drives that have increased registration among low income, minority and young people, almost all claims of rampant voter fraud have come from Republican leaders, despite lack of substantiation of a real problem. The most vicious and corrupt efforts made were part of what has become the US AttorneyGate scandal that subsequently exposed the widespread politicization of the Department of Justice and led to the resignation of Attorney General Alberto Gonzalez. All of that unraveled because former US Attorney David Iglesias refused to make false accusations of voter fraud against ACORN’s 2004 voter registration drive in New Mexico.

The fact is between 2002 and 2005 – when the Department of Justice carried out the most intensive investigation of voter fraud in US history –  only 24 people were convicted of illegal voting nationwide. However, partisans still made public allegations and the press, in many instances, ran these claims with out real evidence. Armed with these published anecdotes and buoyed by manufactured public outcry about the possibility of their votes being canceled out by illegal voters, legislators fought to pass laws that disenfranchise certain classes of voters. As a result, states like Indiana and Georgia have implemented some of the most draconian voter ID laws despite the lack of any evidence of actual voter fraud.

Reporters practicing ethical and rigorous journalism should recognize that merely using the “rhetorical hand grenade” of voter fraud – without an explanation of how voter registration and elections are administered or an investigation into the evidence of voter fraud – is the real threat to democracy.

Quick Links:

Minnite, Lorraine. “The Politics of Voter Fraud. “Project Vote. March 2007.

Voter Registration Guides and Surveys [By State]. Project Vote

In Other News:

A voting penalty after the penalty – Birmingham Press-RegisterAnnette McWashington Pruitt watched her 18-year-old son graduate from high school this May. She proudly tells people that he is going into the Navy, following in the footsteps of his older brother (who is serving in Iraq) and his grandfather (who was in the Air Force).

Voting Rules Create Land of Disenchantment: Advocacy groups are battling New Mexico’s strict voter registration laws as election looms – Miller-McCune

Jo Ann Gutierrez-Bejar remembers volunteering for the annual voter registration drive in Albuquerque, N.M. She remembers the camaraderie as the group of usually 30 to 40 volunteers headed out in the morning, clipboards in hand, to knock on doors and register new voters.

Denogean: 97-year-old voter can’t prove she’s a citizen: On deathbed, father told her to vote Democratic – The Tucson Press

Shirley Freeda Preiss of Surprise is one ticked-off little old lady. And who can blame her? The 97-year-old retired schoolteacher and onetime traveling showgirl has voted in every presidential election since 1932 when she cast a ballot for Franklin Delano Roosevelt. But thanks to the state’s voter identification requirements, it’s looking unlikely that she’ll be able to vote in the upcoming presidential election.

Watch your (official) language – Stateline.org

Missouri, a key presidential swing state and home to one of the most hotly contested gubernatorial races, will test what some see as voters’ attitudes toward immigrants this November with a ballot measure to make English the only language of state government.

The Rot At The Heart Of The State Political System

For a variety of reasons, this is a depressing day.  In California terms, it’s because, for all the progress we think has been made over the last few cycles, the situation is very familiar – the big money special interests rule Sacramento, and the “lawmakers” do nothing but chase money.

Yesterday, the bill which would phase out plastic bags in California by placing a $0.25 fee for their use in shops which failed to recycle them stalled in the State Senate (must have been that Bag Tax blogad).  Cost was raised as a concern – it would have cost a whopping $1.5 million dollars (on a $100 billion dollar budget) to implement!

Also yesterday, the proposal to make California the very first state in the nation with guaranteed paid sick days for every worker, a right held in most industrialized nations, failed in the Senate, also due to cost (this would have been a robust $900,000 a year to implement!).  The bill was at the top of CalChamber’s annual “job killer” list. (I should also mention that a recent Field Poll showed it having 75% support among Californians, which of course doesn’t matter).

So bills that would have a major impact on health, the environment and quality of life are quietly yet consistently killed.  Meanwhile, the “lawmakers” shuttle from one fundraiser to the next, sucking up to the people who really control the Capitol.

In just four days next week, at least 40 politicians and candidates are scheduled to hold fundraisers, soliciting donations over cappuccino, carnitas and cocktails, at cafes, art galleries and restaurants. Most events are within a few blocks of the Capitol and require a minimum donation of $1,000 to attend.

Lobbyists — whose clients’ interests are on the line in the Legislature — face so many opportunities to give to legislators’ campaigns that some are plotting a schedule and mapping a route.

“You run from one to the other,” said Craig Brown, a lobbyist who represents several law enforcement unions.

The result of all these payments is a lobbyist class which is free to designate what bills would or would not be too “costly” to implement.  They’ll pay top dollar to the lawmakers to make sure they don’t spend a lot of money.  There’s quite a disconnect there.

It’s no wonder that “lawmakers” don’t care about Arnold Schwarzenegger’s vow to veto every bill until the budget is resolved.  The more bills have the potential of returning, the more money flows into candidate coffers from the lobbyists who want to stop the bills.  It’s a vicious, disgusting cycle which restricts progressive change at virtually every level.  Sure, they’ll let something like SB 840 slide through because they know Governor Backstop will veto it. But anything that might actually become a law – forget it.  Not unless the Big Money Boys wrinkle their noses in assent.

The big challenge for progressives and activists is to show a model that would break the cycle of lobbyist cash for access in Sacramento.  The low-dollar revolution has been nonexistent here, and without it you cannot credibly campaign in the state without help from special interests.  Until that time, we’ll continue to see consumer-friendly bills die in committee, lobbyists writing the laws, and the rest of us scratching our heads why we can’t make progress.

UPDATE: I should note that AB583, the California Clean Money and Fair Elections bill which would establish a public financing system for the Secretary of State race as a pilot program, passed the Senate Appropriations Committee on a party-line 9-6 vote and will now hit the full Senate floor.  Truly public financing is one of the only ways to break the vice grip that special interests in Sacramento hold on the government.