March On Bad Dog Maldonado

There hadn’t been that much to actually do about the budget mess.  Personally, I’ve seen as many cute web videos as I can take.  This is from today’s BearFlagBlue (thank you Sean):


Budget details are beginning to emerge and more rumors of a vote on Friday are floating around…but will it pass?

With Cogdill noncommittal, Correa a likely no, and Maldonado at least right now a definite no, there does not seem a strong change that the bill has the votes to pass the Senate.

The result of that is likely on Friday, the Governor firing 20,000 state employees. High stakes if Maldonado ends up being the deciding vote. In essence he will have put the lives of 20,000 state workers in turmoil over a petty dispute with Controller.

The GOP’s latest excuse for why they just can’t vote on the budget comes down to office furniture. The issue isn’t taxes or spending caps at all according to them. What’s important, is preventing Controller John Chiang from getting a new office chair…at all costs. 20,000 state employees be damned.

Seriously.

What the hell is wrong with these people?

 

And most specifically:  what the hell is wrong with Abel Maldonado?

Your state Democratic party helped reelect this guy.  He’s being a bad, bad dog.

Ideas for better discipline for Abel Maldonado after the flip.

And Abel is actually proud of this.

He’s playing this up to the hilt on his GOP nut job caucus web page:

State Controller is Out of Control

John Chiang wants to spend your tax return money on new office furniture

State Controller John Chiang has already spent $2 million on new office furniture in the past seven months. Now we’ve learned he’s asking for another $1 million in this year’s budget for more furniture!

John Chiang claims that he’s not responsible for the money because it was approved by the previous controller. The $2 million was requested in the last seven months! John Chiang has been in office for two years! Tell the controller to stop passing the buck and stop the spending now.

Help stop this insanity. Tell the controller that you want your tax refund. Tell him to stop spending your tax dollars on new office furniture. Click here to email the State Controller’s Office or call him at (916) 445-2636.

Well, yeah, it’s time to stop the insanity.  Only problem — calling Chiang would be barking up the wrong tree.

But Maldonado’s site helpfully tells us where the right trees are:

Capitol Office

State Capitol, Room 4082

Sacramento, CA 95814

Phone: (916) 651-4015

Fax: (916) 445-8081

San Jose Office

100 Paseo de San Antonio, #206

San Jose, CA 95113

Phone: (408) 277-9461

Fax: (408) 277-9464

Monterey Office

590 Calle Principal

Monterey, CA 93940

Phone: (831) 657-6315

Fax: (831) 657-6320

San Luis Obispo Office

1356 Marsh Street

San Luis Obispo, CA 93401

Phone: (805) 549-3784

Fax: (805) 549-3779

If you live near any of these places, consider getting a few friends together and raising some holy hell.  Be creative.  And consider inviting local media along for the ride.

I have been furious for the last year at Don Perata’s idiotic decision not to run someone against Maldonado in last year’s election.  We’re paying for that now.  And unless we really rub Abel’s nose in the mess he’s making, he’ll keep right on making them.

Abel’s been a bad dog folks.  Let’s see how well he does agility testing when folks start running at him.

Government

Dave Johnson, Speak Out California

After decades of anti-government speeches claiming that government holds back business, government takes money out of the economy and government is less efficient than corporations, people came to believe that, as Ronald Reagan famously said, “Government is the problem, not the solution.”  This led to deregulation and budget cutbacks in all areas including education and infrastructure.  

If you think about it, government really is what We, the People want it to be.  In a democracy we jointly make decisions about the best way to manage our affairs.  So saying that corporations do things better is really an anti-democracy message.  What they are saying is that organizations run by a few wealthy elites telling everyone else what to do, with the benefits of everyone’s work mostly going to those few at the top, is a better way to manage society than to have everyone making the decisions and sharing in the results.

As the financial crisis hits, and the fabric of that pro-big business philosophy is shredding the fabric of our society, we can see clearly just how foolish and destructive the right-wing machine has been to our economic, social and political values. (Not to mention cutting off peanut processing plant regulation and inspection, leading to the current situation of 9 dead and hundreds seriously ill across the country.  This is just ONE more example of the consequences of right-wing policies.)

Alone those lines, here is an interesting video, making fun of some of the anti-government propaganda we have heard over the last few decades:

Click through to Speak Out California

DiFi Tries To Hand Corporations A Giveaway In The Stimulus

The final numbers on the stimulus package are trickling out.  Some of the baseline investments are here:

* Investments in Infrastructure and Science – $120 billion

* Investments in Health – $14.2 billion

* Investments in Education and Training – $105.9 billion

* Investments in Energy, including over $30 billion in infrastructure – $37.5 billion

* Helping Americans Hit Hardest by the Economic Crisis – $24.3 billion

* Law Enforcement, Oversight, Other Programs – $7.8 billion

It’s unquestionable that the conference report is worse than the House bill but better than the Senate.  It costs less than the Senate bill while providing more stimulus.  Some bad spending like the clean coal “FutureGen” project is out, along with some of the worst corporate tax breaks.  Mass transit spending is up, the child tax credit was partially restored to House levels (now kicking in after $3,000 in income), and the state fiscal stabilization fund gets around $54 million (but that includes funding for school construction).  You can find the full summary here.

There are some very solid elements to the bill.  White House economists estimate that the package will create or save 396,000 jobs in California and 3.5 million nationwide.  This is a down payment on a new generation of investment in America.

However, like with most Congressional sausage-making, there may be some rough patches.  The worst is the allegation that Dianne Feinstein is trying to include filtering into the stimulus as part of the program to expand broadband capacity across the country.

The Open Internet Coalition – which includes groups like Public Knowledge, Free Press and the Computer and Communications Industry Association (CCIA) – is applauding the more than $2 billion expected to be in the stimulus bill for broadband build-out in rural or underserved areas. They say not only will building out high-speed Internet instantly create jobs, but giving people in those areas more access to the Internet will spur small-business creation and other growth […]

These groups are also over-the-moon about the fact that the Senate bill has a non-discrimination, interconnection requirement that essentially says any provider receiving stimulus funding has to make sure they provide equal access to everyone over their network (part of the so-called “net neutrality” debate). The House version requires the FCC to define “open access,” which essentially calls for carriers to share their networks with competitors.

But they’re worried Hollywood is still trying to insert a content filtering provision via Sen. Diane Feinstein, D-Calif., at the last minute. Feinstein has been trying to add language specifying that Internet service provider (ISPs) may engage in “reasonable network management” … “such as” efforts to combat illegal activity like “child pornography and copyright infringement.” In essence, some argue, ISPs would be able to monitor any content coming to and from your computer, just in case there was some copyrighted material violating fair use, or kiddie porn in there.

But groups like the Motion Picture Association of America stress the “network management” angle of the bill (“filtering” is a nasty word around these parts). After all, it’s hard to argue against stopping kiddie porn from being sent over one’s pipes. I’ve left a message with Feinstein’s press office to see what the status of her amendment is. It doesn’t appear to be in there, but I’ll let you know if she plans on trying to stick it in at some point.

“Of course we see huge privacy invasions from this sort of thing,” said Cathy Sloan of CCIA.

Now, some caveats.  There was a hyperventilating story in the UK Register claiming that this would kill net neutrality.  As stated earlier, there are open access provisions in the stimulus, and it doesn’t appear that this amendment even made it into the final version.  This looks to me to be more of a privacy and anti-competition issue.

In another part of that story, Henry Waxman was implicated.  His office has assured multiple constituents, including yours truly, that he has had nothing to do with any filtering amendment.

That’s not to say that we shouldn’t be concerned.  DiFi is allegedly trying to pay back a corporate constituent with a highly invasive amendment that would certainly violate the spirit if not the letter of privacy laws.  And of course this kind of monitoring is a slippery slope, as are most IP issues.  At the root I agree with John Cole:

As baseball season is getting close, I would like to propose a trade. We give the Republicans Dianne Feinstein and a PTBNL and they give us Olympia Snowe. This is a solid trade for us. With Judd Gregg at commerce, we would almost complete the New England rout, and Feinstein, as a newly minted Republican, will go down to certain defeat in California. Additionally, there is nothing in this agreement that says the PTBNL can’t be Nelson or Lieberman.

On vote-trading: John Wildermuth’s epic journalism FAIL

Attention San Francisco Chronicle: the truth called.  They want Page B-6 of yesterday’s paper back.

You see, in recent days, the Courage Campaign has come out with a new action asking Attorney General Jerry Brown to investigate Republican lawmakers for potential violations of the California Penal Code regarding vote-trading.

In comes John Wildermuth to save the day, and tell the Courage Campaign that they need to be careful:

You have to be careful what you wish for in politics, and Democrat-friendly groups looking to bash Republican legislators over state budget delays should remember that.

Well, John, a couple of points are in order here.  I would say that the first one is your use of the word “bash.”  Now, in a political journalism context, “bash” is frequently used to refer to one side attacking another side on its policy positions, and implies a typical political attack.  However, the Courage Campaign is not bashinig Republican legislators.  They are encouraging the Attorney General to investigate a possible crime.  And what are they going after?  Not “state budget delays”, John.  The “delay” has nothing to do with it.  It is, rather, allegations of vote-trading, which is illegal under the California Penal Code.  After all, the Republicans appear to have made offers that they will vote for a budget compromise if the Democrats vote to gut certain labor and environmental regulations.

So, that’s for starters:  John, you’re portraying this as typical partisan run-of-the-mill politics, when in reality it’s anything but.  But let’s move on, shall we?

“The California Penal Code explicitly prohibits this type of vote-trading, and the attorney general is duty-bound to investigate this felonious activity,” said Rick Jacobs, founder of the progressive Courage Campaign.

People on both sides of the political aisle say Jacobs seems to be attacking the type of horse-trading that goes on every day in Sacramento, Washington and every city hall and state capital in the country.

Now, there’s a reason I titled this post “epic journalism fail”: because that’s exactly what your piece is, John.  I would have you notice that nowhere do you actually mention what California’s Penal Code actually says on the subject:

86.  Every Member of either house of the Legislature, or any member of the legislative body of a city, county, city and county, school district, or other special district, who asks, receives, or agrees to receive, any bribe, upon any understanding that his or her official vote, opinion, judgment, or action shall be influenced thereby, or shall give, in any particular manner, or upon any particular side of any question or matter upon which he or she may be required to act in his or her official capacity, or gives, or offers or promises to give, any official vote in consideration that another Member of the Legislature, or another member of the legislative body of a city, county, city and county, school district, or other special district shall give this vote either upon the same or another question, is punishable by imprisonment in the state prison for two, three, or four years and, in cases in which no bribe has been actually received, by a restitution fine of not less than two thousand dollars ($2,000) or not more than ten thousand dollars ($10,000) or, in cases in which a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or two thousand dollars ($2,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or ten thousand dollars ($10,000), whichever is greater.

I have bolded the relevant section of the text.  It’s the part, John, that says, basically, that trading votes, either on the same question (i.e., bill) or a different question (i.e., “I’ll vote for yours if you vote for mine”) is illegal.

So I’ll be completely honest here, John.  I don’t honestly give a damn if you claim it’s the type of thing that goes on every day in Sacramento and Washington–and the reason I don’t is that if you’re going to write an article critical of the Courage Campaign’s call for an investigation, you might actually want to discuss the merits of the case.  I’m no lawyer, John, but generally, the way the law works is: state the law; state the facts; apply the law to the facts.  And it doesn’t matter whether “it happens all the time” or “all the kids are doing it” or any other such excuse or rationale.  The only questions are: what is the law, and what are the facts?

My recommendation, John, is that if you have a problem with the Penal Code barring political horse-trading, take it up with the Penal Code.  But critiquing the Courage Campaign for actually asking that the Code be enforced?  That’s just weak.

And I would end there, John, but your epic journalism fail is not yet done.  I submit as evidence:

Under the interpretation by Jacobs and the unions, Rep. Nancy Pelosi and her GOP counterparts could be looking at prison time for negotiating Wednesday’s agreement on President Obama’s stimulus package.

FAIL!  John, I did mention, did I not, that this is the California Penal Code, not the US Code?  And that, according to the Penal Code, the law applies to “Every Member of either house of the Legislature, or any member of the legislative body of a city, county, city and county, school district, or other special district”?  So, no, Nancy Pelosi and her GOP colleagues could not be prosecuted under section 86?

And, John, even if there were some vague ambiguity about that, the United States Constitution would put that to rest–specifically, Article 1, Section 6:

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

That provision, of course, as clarified by subsequent interpretations such as the 1966 US v. Johnson ruling, clarify completely that members of Congress cannot be prosecuted for any speech and debate (for example, negotiating the stimulus bill?) that they engage in as a part of their official duties.

I bring it up, John, because you’re not only trying to compare apples to oranges.  It’s worse than that.  It’s worse because what you think is an apple is actually…say…a kiwi.  And that, John, is a pure and unadulterated journalism FAIL.  Until you know more about the law and the Constitution than I do, I recommend you stop writing about it for a major newspaper.

Eric Garcetti Stomps On Budget Deal, Lights It On Fire

Before last night’s blogger conference call with LA City Council President Eric Garcetti, my opinions of the budget deal from Sacramento weren’t very well-formed.  I think I have become so inured to craptastic solutions from Sacramento that this one looked no worse than others.  Of course, I don’t have a responsibility to constituents and a need to implement the outlines of the plan, so Garcetti’s very forceful words against the package kind of snapped me out of my slumber.  Here’s a paraphrase.

“I think it’s a reflection of a broken system.  It’s like shooting a little morphine into a sick patient.  I think depending on federal dollars to balance the budget is irresponsible, and will blunt the impact of the stimulus.  It means that the county and school districts will see a lot of projects rolled back.  The health care cuts are going to be devastating.  You’re going to see a lot more homeless people this year, a lot more people who need critical care and can’t get it.  So there is no joy in this resolution other than that it is a resolution.”

Very strong stuff.  And he’s not wrong.  My one quibble would be that it’s not the reliance on federal stimulus dollars to balance the budget, which is necessary and will save jobs throughout the system, that gets me, but the continued reliance on borrowing and the raid of voter-approved funds for mental health and early childhood programs, which is illegal and will require the unlikelihood of passing new initiatives.  

There isn’t any margin for error if, say, one of the FIVE measures that will now be on the ballot in order to secure the budget fail, or if the giant corporate tax cut fails to satiate business, or if nobody wants to buy our debt or buy the state lottery, which is losing revenue.  It’s another seat-of-our-pants craptastic budget which makes no long-term solutions and essentially keeps intact a broken structure.  Garcetti is right that the problem is systemic, and so that’s the goal for progressives in the state for this point forward – systemic change.

Will Bill Clinton Bust the Manchester Hyatt Prop 8 Boycott?

PhotobucketBill Clinton must make a choice.  He must decide whether a speech for big bucks is more important than honoring a labor and activist boycott. On Feb. 15, the former President is scheduled to make a speech at the Manchester Hyatt.  

As a refresher, Mr. Manchester gave some of the initial seed money to get Proposition 8 on the ballot, $125,000 to be exact.  Since then, a coalition of labor, LGBT, and grassroots organizations has promoted a boycott against the hotel.  And it has been quite successful, with groups such as the American Assoc. of Law Schools moving their events.

But our former Democratic president still seems intent on breaking the boycott. That’s why a diverse coalition of leaders has taken an ad out in the New York Daily News to ask him not to break the boycott.  You can check the ad to the right, and in context at the Daily News politics blog. Also, read the full letter at their site, moveclintonspeech.info. It’s signed by leaders like San Diego city councilman Todd Gloria, Unite-HERE Local 30 president Brigette Browning, San Diego Dem. County Chair  and DNC member Jess Durfee, and the Courage Campaign’s Rick Jacobs.

Rest assured that if Clinton plans on busting the boycott, he’ll have to pretend he doesn’t notice the rally outside.  Activists from around the region are planning on protesting the speech.  Clinton should move the speech or just not give it.  Together, we will bend the arc of history for justice.  But we must be united.

Inching Ever Closer to a Deal – But Are The Votes There?

I will be on KRXA 540 AM at 8 to discuss this and other topics in California politics

Kevin Yamamura of the Sac Bee provides us with the most detailed look yet at the proposed budget deal:

The plan includes $15.8 billion in spending cuts, $14.3 billion in taxes and $10.9 billion in borrowing, according to a budget outline obtained by The Bee. The state also anticipates billions in federal stimulus money, which would reduce each component of the solution if California receives more than $9.2 billion.

Of course, thanks to the United States Senate, it’s not entirely likely that California will receive $9.2 billion, and it’s also uncertain whether the state can redirect the stimulus as proposed. The full details from Capitol Alert:

Gives K-12 education $5 billion less than it was otherwise entitled.

Eliminates two paid holidays for state workers, with the final number of furlough days per month through June 2010 still subject to negotiation.

Cuts UC and CSU by 10 percent.

Eliminates cost-of-living increases for recipients of CAL-Works and SSI-SSP.

Cuts the corrections department’s medical budget by 10 percent.

Eliminates funding for local public transit agencies.

On the tax side, the plan increases sales tax by 1 cent on the dollar, vehicle license fees from current 0.65 percent of vehicle value to 1.15 percent, and gasoline taxes by 12 cents a gallon with proceeds to pay off transportation bonds. Income taxpayers would pay a 2.5 percent surcharge on tax liability – 5 percent if federal stimulus comes in under $10 billion. Reduces tax credit for dependents from $309 to $99.

Taxes would be increased for two years, and an additional one to three years if the spending restriction measure is approved on the ballot.

Other new “revenues” include taking from voter-approved taxes for mental health and early childhood programs.

The whole thing would have to go before voters in a whopping five-measure package: borrowing from the lottery, changing Proposition 98, approving the spending cap, and taking funds from Proposition 10 (tobacco tax for early childhood programs) and Proposition 63 (tax on millionaires for mental-health programs).

Some of that isn’t awful, and some of that is truly insane (eliminating funding for local transit agencies is an act of madness, and cutting the prison medical budget even further is just going to cause more problems and costs for the state down the road when the feds get involved). But the key question now doesn’t seem to be “what’s the in the deal” but “who will vote for it?” Back to the Yamamura article, Speaker Karen Bass is a bit more cautious in describing the state of things:

“I’ve been in this position now, it seems like every week for the last five weeks,” she said. “And, you know, we get back in the room and something blows up.”

So far the uncertain votes are so-called “moderates” like Lou Correa (Dem, SD-34) and Abel Maldonado (Rep, SD-15), and conservatives like Dennis Hollingsworth (Rep, SD-36) (see update below on Hollingsworth). What this axis looks like is the same axis of stupidity that sank the best parts of the federal stimulus – centrist Dems and their allies across the aisle.

The problem of course is that the deal itself isn’t really worth defending and it’s hard to generate much activism for it. But the individual Senators themselves are a, shall we say, target rich environment for especially in Maldonado’s case, putting chairs over children. The goal now is to lean hard and heavy on these recalcitrant Senators, while beginning to ramp up public sentiment in favor of taxes to protect services. (Yes, we should have done that sooner, and I’m as guilty as anyone for not doing so).

Update by Robert: Dennis Hollingsworth’s communications director emailed me to clarify there’s no “uncertainty” regarding that pillar of the Yacht Party: he opposes the deal. I thought this part of his statement was worth quoting:

If this passes with Republican votes, there will be no reason for any Californian to vote for a Republican in the future. The people sent Republicans to Sacramento to be a blockade against tax increases. Once that wall crumbles, there will be no end to the expansion of taxes and spending. The people will rightly figure they can vote for Democrats and at least stand a fair chance of getting their entitlements and programs along with tax increases. As Republicans, we will only remain as the party that gives them tax increases and no programs.

In other words, Californians want Democrats to give them schools and health care and roads and buses and economic growth – but Republicans are there to make sure none of those horrible things happen!

And they wonder why their party has such a hard time winning statewide elections.

Stimulus Miracles

According to Joe Romm at Climate Progress, the compromise version of the Stimulus package dropped some $50 Billion in pork for the nuclear power industry.  If that is where they got their savings, let’s give a big Hurrah.

Of course, you will need to call an ambulance as Chuck Devore has a fit of apoplexy over this.  

Of all of the things that some legislators tried to cram into the stimulus package, they got the Green stuff about as wrong as coal.  Why they would cut back on doing energy improvements to Federal Buildings… something that has a positive payback for years and then try to cram a big help for nuclear into this is beyond me.  These are the reasons people know think that they are all in the pay of the corporations.

This will, however, become a Devore issue against Boxer, assuming that someone with more stature than Devore doesn’t step into the race.  Maybe Devore thinks that his role in life is to go once more into the breach for his party.  But, unlike Henry V, I doubt that he will have much success. Still, that candidacy will keep the issue alive for a long time.  

Wednesday Open Thread

Here we go on a busy day:

• California’s Leon Panetta’s confirmation finally got out of committee, and should be confirmed by the full Senate shortly.

• Some advice to the conference committee: IGNORE REP. JERRY LEWIS, who was appointed to the conference committee for the stimulus. The man is corrupt. On the other hand, I’m sure if you built a highway near his land, he might be willing to talk.

The Washington Post is reporting that Obama is considering Lloyd Dean, head of Catholic Healthcare West for the Health and Human Services gig.  (h/t CapAlert) Dean was a big Arnold fan during the so-called (and failed) “Year of Healthcare Reform.”

• The Majority Report begins a series looking at potential Yacht Party targets for 2010.  First up is Cameron Smyth in AD-38 (Santa Clarita).  We’ll be ramping up this kind of coverage a few months down the road.

• LA City Attorney (and AG hopeful?) Rocky Delgadillo settled with HealthNet over their practice of rescinding coverage for their insureds when they dare to make a claim. PDF Press release here.  In addition, Anthem Blue Cross is agreeing to take back clients and pay a $1 million dollar fine in its rescission case.

Solis Approved In Committee – Goes To The Full Senate

It was a long struggle with a somewhat anti-climactic resolution, but Hilda Solis was approved by the Senate HELP Committee (Health, Education, Labor and Pensions) on a voice vote.  Today over 20,000 petition signatures were delivered to the leaders of the HELP Committee by SEIU, UFW, UFCW, Change to Win and the Courage Campaign, and those voices were heard.

Now the confirmation moves to the full Senate for a vote, where it will hopefully be approved in short order.  Sometimes we win one.