CA-48: Could Beth Krom Beat John Galt?

Last week, OC Progressive (which has really attracted a good group of writers and provided a vital progressive voice in Orange County) revealed that Beth Krom, an Irvine City Councilwoman, is considering a run against Rep. John Campbell.  In a subsequent post, Joe Shaw explained why Krom would make a worthy challenger.

She can win elections.

Beth Krom has won five campaigns, In 2006, she garnered 60% of the vote in her re-election as Mayor and in 2008, won her current City Council seat with 8000 votes more than the next candidate.

She gets things done.

We need elected officials who have experience getting things done for their constituents. Beth Krom is a strong advocate for environmental stewardship. Her vote was instrumental in cleaning up the water along the Orange County coast: she was the first “inland” representative to advocate for full secondary treatment of the effluent the OC Sanitation District pumped out into the ocean and was the “swing vote” in getting the board to fund implementation.  

She’s a visionary.

Beth Krom understands that Orange County needs leadership that will advance innovative, integrated transit solutions, sustainable development practices and green technology and jobs initiatives.

She can work across party lines.

Beth Krom has the respect of so many people throughout Orange County because she works with people, regardless of political affiliation, to get things done.

Irvine is one of America’s best run cities.

What other Orange County elected, at the local, state or federal level, can lay claim to the legacy of forward-thinking leadership that Beth Krom has provided in the City of Irvine? “Safest City in America” four years straight; a balanced budget and more than tripling city reserves during her term as Mayor, and advancing a project of regional importance – the Orange County Great Park.

I’m a little gun-shy to out and out predict victory in these California Congressional races.  We are know that they are tough slogs, and were disappointed by the performance of many promising candidates last cycle.  Nonetheless, we cannot leave these red areas behind, and there’s no question that the threat of candidates like Bill Durston and Debbie Cook forced the national GOP to spend money where they didn’t want to spend it, leading to other losses around the country.  Everything is connected, and thus solid candidates should continue to be recruited everywhere.

What’s more, President Obama actually beat John McCain in CA-48, despite the district’s Republican tilt.  And, far from distinguishing himself, Campbell has most recently looked to Ayn Rand novels for inspiration in setting public policy:

Rep. John Campbell (R-Calif.), who gives his departing interns copies of Ayn Rand’s novel “Atlas Shrugged,” told me today that the response to President Obama’s economic policies reminded him of what happened in the 51-year-old novel.

“People are starting to feel like we’re living through the scenario that happened in ‘Atlas Shrugged,'” said Campbell. “The achievers, the people who create all the things that benefit rest of us, are going on strike. I’m seeing, at a small level, a kind of protest from the people who create jobs, the people who create wealth, who are pulling back from their ambitions because they see how they’ll be punished for them.”

It would be a terrible thing if the titans of industry that have burned through trillions of dollars in American wealth were to pull back and not be so ambitious, wouldn’t it?  And it’s certainly a rational reaction, to forcibly crumble what’s left of the American economy due to an increase of 4 cents in the top marginal tax rates.  Even more certainly, there’s no question that it would turn out just like the fictional novel – that every high-earner would leave their job and nobody would pick up the slack.  Conservatives are nothing if not selfless.  And daring, rational men who live by their minds.

This guy is obviously a buffoon, but we know that is sadly not enough in these districts.  And repeat candidates, who have built up their name ID and volunteer base, always have a better shot.  If I were to forecast the early prospects for a flipped seat in California right now, I would go:

CA-44: Bill Hedrick is already announced as a candidate, and he lost by just 2.6% to Ken Calvert last time.

CA-03: The trendlines in the district are favorable, but it’s unclear if Bill Durston will make a third try.

And then, pretty much, nothing, until there’s clarity about who’s running.  Charlie Brown writing an op-ed in the Auburn Journal trashing Tom McClintock suggests he might try again in CA-04, but I’m not sure.  Given the current state of affairs, I’d say CA-48 isn’t looking too badly, though it’s early.

Take Action to Save Family Homes Now!

There is still time to push “Helping Families Save Their Homes Act of 2009” or H.R. 1106.  The vote will finally be held in the House later today.

Rep. Brad Miller of North Carolina has worked for years to protect consumers from predatory lenders and now he’s battling the banking industry to clean up the mess these same lenders have made. He has introduced legislation that will prevent the foreclosure of millions of homes.  The legislation, H.R. 1106 – or Helping Families Save Their Homes Act of 2009, was on the House floor for a vote last week, but last minute wavering of Blue Dog Democrats required that the vote be postponed.

Republicans and some Democrats are buying into the hype created by the banking industry. Most of the talking points are flat out lies and much of what is being regurgitated by those members standing in opposition shows they have a profound lack of understanding of the legislation.

Follow below the fold for a rundown and an action plan.

Republicans and other opponents of the bill want to blame the mortgage crisis on borrowers saying they were dishonest and irresponsible.  Rep. Virginia Foxx from North Carolina put it into words on the House floor on Thursday.

It’s some consolation that North Carolina can boast a few very progressive representatives to help balance a woman who so easily spews talking points laced with hate-based code words.  Later in the day, North Carolina’s Brad Miller, NC-13, closed the debate.

Contrary to what Republicans claim, this is not welfare.  This is not a bailout.  This is not permanent.  Dishonest Borrowers can’t get their mortgages modified.  This will not increase the cost of capital.  This will not make it harder to get mortgages in the future for those who are paying their mortages on time now.

Every other asset – yachts, business properties, jets, vacation homes, investment properties – are eligible to have their principal loan amounts modified in bankruptcy.  For some reason, Republicans wish for us to think that it is only offering this option for a limited time to a limited number of borrowers that will increase the cost of capital.  It simply isn’t true.

Please call and email your representatives in Washington.  I’ve made it easy for you.  I’m posting scripts to get your started and contact information for the representatives you sent to Washington.  No excuses.  Get to work!

Here is a simple script for a call:

Hi.  My name is _____.  I live in the first/second/third, etc. district.  I’m calling to encourage Rep. _____ to support H.R. 1106, the Helping Families Save Their Homes Act of 2009. We are not going to stop the downward spiral of our economy until we stop the collapse of home values. And we are not going to stop the collapse of home values until we get control of foreclosures.  This important legislation will provide mortgage lenders with more motivation to voluntarily work with customers to save their homes.  Again, I urge Rep. __________ to support H.R. 1106.

Here is a simple script for an email:

Dear Representative _______________

I urge you to vote for H.R. 1106, the Helping Families Save Their Homes Act of 2009.  It is important legislation that will help stop the collapse of home values and the downward spiral of our economy by giving us more control over home foreclosures.

Most of these homeowners were not irresponsible or dishonest when they bought their homes and those that were will not be able to modify their mortgages through this legislation.

We’ve bailed out the financial services industry.  It’s time we did something to help average citizens stay in their homes.

Thank you for supporting H.R. 1106.

[Update] – If you would like to add congressional specific foreclosure numbers you can use these.  The entire file is found at Scribd. h/t Congress Matters.







Contact Information

If you aren’t sure which district you live in, you can go here.  Otherwise, use the list below.

U.S. House

Rep. Mike Thompson, CA-01

202-225-3311

email

Rep. Wally Herger, CA-02

202-225-3076

email

Rep. Dan Lungren, CA-03

202-225-5716

email

Rep. Tom McClintock, CA-04

202-225-2511

email

Rep. Doris Matsui, CA-05

202-225-7163

email

Rep. Lynn C. Woolsey, CA-06

202-225-5161

email

Rep. George Miller, CA-07

202-225-2095

email

Speaker Nancy Pelosi, CA-08,

202-225-4965

email

Rep. Barbara Lee, CA-09

202-225-2661

email

Rep. Ellen O. Tauscher, CA-10

202-225-1880

email

Rep. Jerry McNerney, CA-11

202-225-1947

email

Rep. Jackie Speier, CA-12

202-225-3531

email

Rep. Fortney (Pete) Stark, CA-13

202-225-5065

email

Rep. Anna G. Eshoo, CA-14

202-225-8104

email

Rep. Mike Honda, CA-15

202-225-2631

email

Rep. Zoe Lofgren, CA-16

202-225-3072

email

Rep. Sam Farr, CA-17

202-225-2861

email

Rep. Dennis Cardoza, CA-18

202-225-6131

email

Rep. George P. Radanovich, CA-19

202-225-4540

email

Rep. Jim Costa, CA-20

202-225-3341

email

Rep. Devin Nunes, CA-21

202-225-2523

email

Rep. Kevin McCarthy, CA-22

202-225-2915

email

Rep. Lois Capps, CA-23

202-225-3601

email

Rep. Elton Gallegly, CA-24

202-225-5811

email

Rep. Howard P. (Buck) McKeon, CA-25

202-225-1956

email

Rep. David Dreier, CA-26

202-225-2305

email

Rep. Brad Sherman, CA-27

202-225-5911

email

Rep. Howard L. Berman, CA-28 D

202-225-4695

email

Rep. Adam Schiff, CA-29

202-225-4176

email

Rep. Henry A. Waxman, CA-30

202-225-3976

email

Rep. Xavier Becerra, CA-31

202-225-6235

email

CA32 Vacant  202-225-5464   N/A N/A

Rep. Diane E. Watson, CA-33

202-225-7084

email

CA34 Lucille Roybal-Allard D 2330 Rayburn House Office Building 202-225-1766 213-628-9230 http://www.house.gov/writerep/ http://www.house.gov/roybal-al…

CA35 Maxine Waters D 2344 Rayburn House Office Building 202-225-2201 323-757-8900 http://www.house.gov/waters/IM… http://www.house.gov/waters/

CA36 Jane Harman D 2400 Rayburn House Office Building 202-225-8220 310-643-3636 http://www.house.gov/harman/co… http://www.house.gov/harman/

CA37 Laura Richardson D 1725 Longworth House Office Building 202-225-7924 562-436-3828 http://richardson.house.gov/IM… http://richardson.house.gov/

CA38 Grace Napolitano D 1610 Longworth House Office Building 202-225-5256 562-801-2134 http://www.napolitano.house.go… http://www.napolitano.house.gov/

CA39 Linda T. Sanchez D 1222 Longworth House Office Building 202-225-6676 562-860-5050 http://www.house.gov/writerep/ http://lindasanchez.house.gov/

CA40 Edward R. Royce R 2185 Rayburn House Office Building 202-225-4111 714-744-4130 http://www.house.gov/writerep/ http://www.house.gov/royce/

CA41 Jerry Lewis R 2112 Rayburn House Office Building 202-225-5861 800-233-1700 http://www.house.gov/jerrylewi… http://www.house.gov/jerrylewis/

CA42 Gary Miller R 2438 Rayburn House Office Building 202-225-3201 714-257-1142 http://garymiller.house.gov/Co… http://garymiller.house.gov/

CA43 Joe Baca D 2245 Rayburn House Office Building 202-225-6161 909-885-2222 http://www.house.gov/writerep/ http://www.house.gov/baca/

CA44 Ken Calvert R 2201 Rayburn House Office Building 202-225-1986 949-496-2343 http://www.house.gov/writerep/ http://calvert.house.gov/

Rep. Mary Bono Mack, CA-45

202-225-5330

email

Rep. Dana Rohrabacher, CA-46

202-225-2415

email

Rep. Loretta Sanchez, CA-47

202-225-2965

email

Rep. John Campbell, CA-48

202-225-5611

email

Rep. Darrell Issa, CA-49

202-225-3906

email

Rep. Brian Bilbray, CA-50

202-225-0508

email

Rep. Bob Filner, CA-51

202-225-8045

email

Rep. Duncan D. Hunter, CA-52

202-225-5672

email

Rep. Susan A. Davis, CA-53

202-225-2040

email

For more information on this legislation:

Rep. Brad Miller’s live-blog at BlueNC.

Rep. Brad Miller’s Q&A in Greensboro’s News & Record

Article in Charlotte Observer

CNN Money article

Editorial for Greensboro News & Record

Representative Miller’s testimony before Judiciary Committee (PDF)

 

Prop 8 Post-Arguments Open Thread

Crossposted at Daily Kos

The oral arguments in the effort to overturn Prop 8 ended about a half hour ago, and the hearing has made some things clear, even though final outcome remains uncertain.

Queerty has a good overview of the seven justices that will decide the case and their general political leanings. Much of this was confirmed by what I could see in the oral arguments.

There seem to be two main questions at play here. First, will Prop 8 be upheld? Based on the arguments I would tentatively posit the court will rule this way:

Overturn: George, Moreno, Werdegar

Uphold: Baxter, Chin, Kennard

Unclear: Corrigan

Kennard ruled with the majority last May on the marriage cases, but as the day went on it became clear she does not buy the “Prop 8 was a revision, not an amendment” argument. In the most interesting and important exchange of the day, which came right at the end, Justice Kennard and Therese Stewart, Deputy City Attorney of San Francisco, debated this topic.

Kennard argued that the people of California had an inalienable right to amend the Constitution. Stewart countered that such an approach would essentially declare open season on the Constitution, that it would eliminate any limitation on changing basic rights in the Constitution.

That refers to an earlier exchange Chief Justice Ron George and Ken Starr had, where Starr basically said that the people should have the power to abolish free speech and ban interracial marriage. Although I have Kennard listed as a possible “uphold” I think she could possibly flip to “overturn” if she realizes that upholding Prop 8 would open the door to all kinds of horrendous and hateful things.

To a US historian and political science teacher like myself, it seems extremely clear that the authors of both the US and California constitutions intended to limit what the people could do. We do not live in, and have never lived in, a state or a nation where democratic power is total and absolute. The power of the people has always been limited and the Federalist Papers are full of fears of mob rule.

One hopes that either Justice Kennard or Corrigan will see that embracing Ken Starr’s position is to embrace an attack on the state bill of rights itself and the concept of “fundamental” or “inalienable” rights.

The other issue is what to do with the 18,000 same-sex marriages that were performed in 2008. Ken Starr argued that the voters knew they would be invalidated because he said so in the voter guide. The justices called bullshit on that, with Chief Justice George strongly implying that the Yes on 8 side misled voters by being vague on this question. Justices Kennard and Corrigan both seemed to agree, and I think it’s highly likely that those marriages will be upheld.

Some other interesting outcomes:

• Justice Ming Chin, a right-winger, implied that maybe the answer is to get the state out of the marriage business altogether. Look for that to become an increasingly popular concept, especially if Prop 8 is upheld.

• Several justices, including Chief Justice George, strongly implied that they think the constitution is too easily amended and that there needs to be some order brought to that part of the initiative process.

Finally, putting on my Courage Campaign hat (where I work as Public Policy Director), we have had the extreme good fortune to have Sean Penn, Cleve Jones, Dustin Lance Black, Gus Van Sant, and the producers of Milk Bruce Cohen and Dan Jinks sign a letter to our members asking them to help build a grassroots army to restore marriage equality. You can see the full email over the flip. It’s a great moment of collaboration between filmmakers, online organizers, and marriage equality activists of all stripes.

Dear Robert,

Today is a turning point. And, as Harvey Milk used to say so often, we’re “here to recruit you.”

A few minutes ago, the California Supreme Court heard the final oral arguments in the case to overturn Proposition 8. Within 90 days, we will know whether the court will restore equal rights or uphold injustice.

No matter what the state Supreme Court decides, the fight for equality will continue in California and across the country.

If we win, the same people who backed Prop 8 will find another way to undermine equal rights. If we lose, we will need to take our case to the people of California again. No matter what, we’ll eventually need to win full equality under federal law.

At nearly 700,000 members and growing, the Courage Campaign is building an army to prepare for this fight — the kind of people-powered movement that Harvey Milk would lead. A movement that proudly portrays — and tells the stories of — the people victimized by the discrimination of Prop 8, “Don’t Ask, Don’t Tell” and the Defense of Marriage Act.

We’re here to recruit you. Will you help the Courage Campaign build this movement? Please contribute what you can today to restore marriage equality to California and bring equal rights to America:

http://www.couragecampaign.org…

Harvey Milk understood the need to organize communities from the bottom-up, the need for gay, lesbian, bi-sexual and transgender people to be out and proud as leaders in this movement, and the need for straight allies to join them in solidarity.

That’s why we worked so hard to get the film “Milk” to movie screens across America. We wanted to show a new generation of Americans how Harvey organized to win landmark victories in the fight for equal rights.

Just like Harvey did in 1978 when he led the movement to defeat the “Briggs Initiative,” the Courage Campaign is organizing across California to repeal Prop 8 — training marriage equality activists at “Camp Courage” events, launching Equality Teams county-by-county, and producing online videos like the heartbreaking “Fidelity,” viewed by more than 1 million people.

The only way we will win true equality in California and across the country is by giving people the power to do it themselves. And that’s what the Courage Campaign is doing. Please contribute what you can afford today to help the Courage Campaign build this people-powered army from the ground up:

http://www.couragecampaign.org…

Thank you for joining us in supporting the Courage Campaign.

Sean Penn, Gus Van Sant, Dustin Lance Black, Cleve Jones, Bruce Cohen and Dan Jinks

“Milk” Actor, Director, Screenwriter, Historical Consultant and Producers

DiFi Can’t Handle The Truth

Yesterday the Senate Judiciary Committee held a hearing on Patrick Leahy’s call for a truth commission to investigate the crimes of the Bush Administration.  Obviously the events of the past couple days, with the release of OLC memos that really transformed the concept of democracy in the Bush era, is revitalizing this debate.

Justice Department officials said they might soon release additional opinions on those subjects. But the disclosure of the nine formerly secret documents fueled calls by lawmakers for an independent commission to investigate and make public what the Bush administration did in the global campaign against terrorism.

The chairman of the House Judiciary Committee, Representative John Conyers Jr., Democrat of Michigan, said the revelations, together with the release of new information about the Central Intelligence Agency’s destruction of 92 interrogation videotapes, had underscored the need for a commission that would have the power to subpoena documents and testimony.

The OLC memos are still extraordinary, so horrifying in the picture they paint of executive power that the head of the OLC, Steven Bradbury, felt the need to disavow them near the end of the Bush regime.  It’s likely that he did so to take the heat off of himself.  But there ought to be no get-out-of-jail-free card for the actions taken as the result of these memos.  Glenn Greenwald looks at one of the documents.

The essence of this document was to declare that George Bush had the authority (a) to deploy the U.S. military inside the U.S., (b) directed at foreign nationals and U.S. citizens alike; (c) unconstrained by any Constitutional limits, including those of the First, Fourth and Fifth Amendments.  It was nothing less than an explicit decree that, when it comes to Presidential power, the Bill of Rights was suspended, even on U.S. soil and as applied to U.S. citizens.  And it wasn’t only a decree that existed in theory; this secret proclamation that the Fourth Amendment was inapplicable to what the document calls “domestic military operations” was, among other things, the basis on which Bush ordered the NSA, an arm of the U.S. military, to turn inwards and begin spying — in secret and with no oversight — on the electronic communications (telephone calls and emails) of U.S. citizens on U.S. soil.

As Harper’s Scott Horton says, “We may not have realized it at the time, but in the period from late 2001-January 19, 2009, this country was a dictatorship.”   More on the memos from Jack Balkin and Anonymous Liberal.

Yoo, who is hiding out in Orange County at Chapman University, admitted in an interview to the OC Register only that his memos “lacked a certain polish,” in a profile more concerned with how he’s enjoying the beaches and Vietnamese food of Southern California rather than the “hippies, protesters and left-wing activists” of Berkeley.  Somehow, he’s still teaching law.  Jay Bybee, the other major player in the composition of these memos, is a 9th Circuit Appeals Judge in San Francisco.  Bruce Ackerman recommends impeachment.

Despite the calls of apologists to the contrary, we have to have a reckoning on this.  The previous President, aided by his allies, asserted broad executive powers far outside Constitutional strictures, and the results were illegal wiretapping, torture, extraordinary rendition, indefinite detention, and a series of other crimes against the state and violations practically every amendment in the Bill of Rights as well as international law.  

But one member of the Judiciary Committee wasn’t at the truth commission hearing yesterday – Dianne Feinstein.  Through a spokesman, she sidestepped whether or not she supports a commission, saying she “hasn’t seen a proposal.”  But she is instituting a competing investigation, from her perch at the Senate Intelligence Committee, that is bound to be a whitewash:

The inquiry is aimed at uncovering new information on the origins of the programs as well as scrutinizing how they were executed — including the conditions at clandestine CIA prison sites and the interrogation regimens used to break Al Qaeda suspects, according to Senate aides familiar with the investigation plans.

Officials said the inquiry was not designed to determine whether CIA officials broke laws. “The purpose here is to do fact-finding in order to learn lessons from the programs and see if there are recommendations to be made for detention and interrogations in the future,” said a senior Senate aide, who like others described the plan on condition of anonymity because it had not been made public […]

The senior aide said that the committee had no short-term plans to hold public hearings, and that it was not clear whether the panel would release its final report to the public […]

Senate aides declined to say whether the committee would seek new testimony from former CIA Director George J. Tenet or other former top officials who were involved in the creation and management of the programs.

The Senate investigation will examine whether the detention and interrogation operations were carried out in ways that were consistent with the authorities and instructions issued in the aftermath of the Sept. 11 attacks, officials said.

The panel will also look at whether lawmakers were kept fully informed. Sen. Dianne Feinstein (D-Calif.), the chairwoman of the committee, and others have said that the Bush administration improperly withheld information from Congress on the CIA’s operations.

This is basically a turf war.  Feinstein wants control of the investigation process in her committee, over Patrick Leahy.  And she wants the hearings to be private as well as the final report.  Emptywheel writes:

Pat Leahy will have an investigation regardless of what DiFi says–and he’s going to start it now. So DiFi issues a vaguely formulated leak saying that she’s going to cover the CIA’s role in torture. And, voila! Now the CIA and DiFi can say try to circumscribe Leahy’s investigation. And of course, by doing an investigation that starts with the premise that it is “not designed to determine whether CIA officials broke laws,” even while admitting that CIA officers may have gone beyond the “instructions issued in the aftermath of the Sept. 11 attacks,” it ensures no accountability even for those who went beyond Cheney’s torture regime. And, finally, absolutely no current plans to make public the results, either through public hearings or by releaing a report.

Call DiFi at (202) 224-3841. Thank her for recognizing the importance of understanding the mistakes we made in the past. Remind her that even Pat Roberts’ investigation into CIA Iraq intelligence was released publicly. Demand that she meet at least the level of transparency adopted by her Republican predecessors as SSCI Chair.

Agreed.  This is too important for it to be done in the secret bowels of official Washington as a “fact-finding mission” yielding a white paper that will wind up collecting dust on a shelf.  Feinstein is trying to let criminals off the hook, plain and simple.  History tells us that the inevitable return of criminals like this will only be emboldened to go further as a result.

DiFi Can’t Handle The Truth

Yesterday the Senate Judiciary Committee held a hearing on Patrick Leahy’s call for a truth commission to investigate the crimes of the Bush Administration.  Obviously the events of the past couple days, with the release of OLC memos that really transformed the concept of democracy in the Bush era, is revitalizing this debate.

Justice Department officials said they might soon release additional opinions on those subjects. But the disclosure of the nine formerly secret documents fueled calls by lawmakers for an independent commission to investigate and make public what the Bush administration did in the global campaign against terrorism.

The chairman of the House Judiciary Committee, Representative John Conyers Jr., Democrat of Michigan, said the revelations, together with the release of new information about the Central Intelligence Agency’s destruction of 92 interrogation videotapes, had underscored the need for a commission that would have the power to subpoena documents and testimony.

The OLC memos are still extraordinary, so horrifying in the picture they paint of executive power that the head of the OLC, Steven Bradbury, felt the need to disavow them near the end of the Bush regime.  It’s likely that he did so to take the heat off of himself.  But there ought to be no get-out-of-jail-free card for the actions taken as the result of these memos.  Glenn Greenwald looks at one of the documents.

The essence of this document was to declare that George Bush had the authority (a) to deploy the U.S. military inside the U.S., (b) directed at foreign nationals and U.S. citizens alike; (c) unconstrained by any Constitutional limits, including those of the First, Fourth and Fifth Amendments.  It was nothing less than an explicit decree that, when it comes to Presidential power, the Bill of Rights was suspended, even on U.S. soil and as applied to U.S. citizens.  And it wasn’t only a decree that existed in theory; this secret proclamation that the Fourth Amendment was inapplicable to what the document calls “domestic military operations” was, among other things, the basis on which Bush ordered the NSA, an arm of the U.S. military, to turn inwards and begin spying — in secret and with no oversight — on the electronic communications (telephone calls and emails) of U.S. citizens on U.S. soil.

As Harper’s Scott Horton says, “We may not have realized it at the time, but in the period from late 2001-January 19, 2009, this country was a dictatorship.”   More on the memos from Jack Balkin and Anonymous Liberal.

Yoo, who is hiding out in Orange County at Chapman University, admitted in an interview to the OC Register only that his memos “lacked a certain polish,” in a profile more concerned with how he’s enjoying the beaches and Vietnamese food of Southern California rather than the “hippies, protesters and left-wing activists” of Berkeley.  Somehow, he’s still teaching law.  Jay Bybee, the other major player in the composition of these memos, is a 9th Circuit Appeals Judge in San Francisco.  Bruce Ackerman recommends impeachment.

Despite the calls of apologists to the contrary, we have to have a reckoning on this.  The previous President, aided by his allies, asserted broad executive powers far outside Constitutional strictures, and the results were illegal wiretapping, torture, extraordinary rendition, indefinite detention, and a series of other crimes against the state and violations practically every amendment in the Bill of Rights as well as international law.  

But one member of the Judiciary Committee wasn’t at the truth commission hearing yesterday – Dianne Feinstein.  Through a spokesman, she sidestepped whether or not she supports a commission, saying she “hasn’t seen a proposal.”  But she is instituting a competing investigation, from her perch at the Senate Intelligence Committee, that is bound to be a whitewash:

The inquiry is aimed at uncovering new information on the origins of the programs as well as scrutinizing how they were executed — including the conditions at clandestine CIA prison sites and the interrogation regimens used to break Al Qaeda suspects, according to Senate aides familiar with the investigation plans.

Officials said the inquiry was not designed to determine whether CIA officials broke laws. “The purpose here is to do fact-finding in order to learn lessons from the programs and see if there are recommendations to be made for detention and interrogations in the future,” said a senior Senate aide, who like others described the plan on condition of anonymity because it had not been made public […]

The senior aide said that the committee had no short-term plans to hold public hearings, and that it was not clear whether the panel would release its final report to the public […]

Senate aides declined to say whether the committee would seek new testimony from former CIA Director George J. Tenet or other former top officials who were involved in the creation and management of the programs.

The Senate investigation will examine whether the detention and interrogation operations were carried out in ways that were consistent with the authorities and instructions issued in the aftermath of the Sept. 11 attacks, officials said.

The panel will also look at whether lawmakers were kept fully informed. Sen. Dianne Feinstein (D-Calif.), the chairwoman of the committee, and others have said that the Bush administration improperly withheld information from Congress on the CIA’s operations.

This is basically a turf war.  Feinstein wants control of the investigation process in her committee, over Patrick Leahy.  And she wants the hearings to be private as well as the final report.  Emptywheel writes:

Pat Leahy will have an investigation regardless of what DiFi says–and he’s going to start it now. So DiFi issues a vaguely formulated leak saying that she’s going to cover the CIA’s role in torture. And, voila! Now the CIA and DiFi can say try to circumscribe Leahy’s investigation. And of course, by doing an investigation that starts with the premise that it is “not designed to determine whether CIA officials broke laws,” even while admitting that CIA officers may have gone beyond the “instructions issued in the aftermath of the Sept. 11 attacks,” it ensures no accountability even for those who went beyond Cheney’s torture regime. And, finally, absolutely no current plans to make public the results, either through public hearings or by releaing a report.

Call DiFi at (202) 224-3841. Thank her for recognizing the importance of understanding the mistakes we made in the past. Remind her that even Pat Roberts’ investigation into CIA Iraq intelligence was released publicly. Demand that she meet at least the level of transparency adopted by her Republican predecessors as SSCI Chair.

Agreed.  This is too important for it to be done in the secret bowels of official Washington as a “fact-finding mission” yielding a white paper that will wind up collecting dust on a shelf.  Feinstein is trying to let criminals off the hook, plain and simple.  History tells us that the inevitable return of criminals like this will only be emboldened to go further as a result.

18,000 Teachers Have Already Received Pink Slips

Don't our students deserve better?

Whether you've got students in public schools, you're a college student who can't believe that our state's leaders would turn their backs on students, or you're just someone who cares about the future, it's time to join together and speak out against the worst cuts to public education in our state’s history. Please join in and participate in PINK FRIDAY activities on Friday, March 13th.

It’s time to stand up for California’s 6.3 million schoolchildren, and stand with the tens of thousands of teachers, administrators, custodians, bus drivers, food service workers, librarians, counselors and others working in public schools who are facing historic layoffs. The $11.6 billion in cuts to public schools means class sizes will swell, while arts, music, sports and after-school programs will be eliminated.

It means an entire generation of students will be shortchanged of the quality education they deserve. Participate in PINK FRIDAY if you think California’s students deserve better than 47th in the nation in per-pupil spending! Wear pink on Friday if you think it’s time to start investing in our shared future! Please visit www.pinkfriday09.org for more information.

DiFi Can’t Handle The Truth

Yesterday the Senate Judiciary Committee held a hearing on Patrick Leahy’s call for a truth commission to investigate the crimes of the Bush Administration.  Obviously the events of the past couple days, with the release of OLC memos that really transformed the concept of democracy in the Bush era, is revitalizing this debate.

Justice Department officials said they might soon release additional opinions on those subjects. But the disclosure of the nine formerly secret documents fueled calls by lawmakers for an independent commission to investigate and make public what the Bush administration did in the global campaign against terrorism.

The chairman of the House Judiciary Committee, Representative John Conyers Jr., Democrat of Michigan, said the revelations, together with the release of new information about the Central Intelligence Agency’s destruction of 92 interrogation videotapes, had underscored the need for a commission that would have the power to subpoena documents and testimony.

The OLC memos are still extraordinary, so horrifying in the picture they paint of executive power that the head of the OLC, Steven Bradbury, felt the need to disavow them near the end of the Bush regime.  It’s likely that he did so to take the heat off of himself.  But there ought to be no get-out-of-jail-free card for the actions taken as the result of these memos.  Glenn Greenwald looks at one of the documents.

The essence of this document was to declare that George Bush had the authority (a) to deploy the U.S. military inside the U.S., (b) directed at foreign nationals and U.S. citizens alike; (c) unconstrained by any Constitutional limits, including those of the First, Fourth and Fifth Amendments.  It was nothing less than an explicit decree that, when it comes to Presidential power, the Bill of Rights was suspended, even on U.S. soil and as applied to U.S. citizens.  And it wasn’t only a decree that existed in theory; this secret proclamation that the Fourth Amendment was inapplicable to what the document calls “domestic military operations” was, among other things, the basis on which Bush ordered the NSA, an arm of the U.S. military, to turn inwards and begin spying — in secret and with no oversight — on the electronic communications (telephone calls and emails) of U.S. citizens on U.S. soil.

As Harper’s Scott Horton says, “We may not have realized it at the time, but in the period from late 2001-January 19, 2009, this country was a dictatorship.”   More on the memos from Jack Balkin and Anonymous Liberal.

Yoo, who is hiding out in Orange County at Chapman University, admitted in an interview to the OC Register only that his memos “lacked a certain polish,” in a profile more concerned with how he’s enjoying the beaches and Vietnamese food of Southern California rather than the “hippies, protesters and left-wing activists” of Berkeley.  Somehow, he’s still teaching law.  Jay Bybee, the other major player in the composition of these memos, is a 9th Circuit Appeals Judge in San Francisco.  Bruce Ackerman recommends impeachment.

Despite the calls of apologists to the contrary, we have to have a reckoning on this.  The previous President, aided by his allies, asserted broad executive powers far outside Constitutional strictures, and the results were illegal wiretapping, torture, extraordinary rendition, indefinite detention, and a series of other crimes against the state and violations practically every amendment in the Bill of Rights as well as international law.  

But one member of the Judiciary Committee wasn’t at the truth commission hearing yesterday – Dianne Feinstein.  Through a spokesman, she sidestepped whether or not she supports a commission, saying she “hasn’t seen a proposal.”  But she is instituting a competing investigation, from her perch at the Senate Intelligence Committee, that is bound to be a whitewash:

The inquiry is aimed at uncovering new information on the origins of the programs as well as scrutinizing how they were executed — including the conditions at clandestine CIA prison sites and the interrogation regimens used to break Al Qaeda suspects, according to Senate aides familiar with the investigation plans.

Officials said the inquiry was not designed to determine whether CIA officials broke laws. “The purpose here is to do fact-finding in order to learn lessons from the programs and see if there are recommendations to be made for detention and interrogations in the future,” said a senior Senate aide, who like others described the plan on condition of anonymity because it had not been made public […]

The senior aide said that the committee had no short-term plans to hold public hearings, and that it was not clear whether the panel would release its final report to the public […]

Senate aides declined to say whether the committee would seek new testimony from former CIA Director George J. Tenet or other former top officials who were involved in the creation and management of the programs.

The Senate investigation will examine whether the detention and interrogation operations were carried out in ways that were consistent with the authorities and instructions issued in the aftermath of the Sept. 11 attacks, officials said.

The panel will also look at whether lawmakers were kept fully informed. Sen. Dianne Feinstein (D-Calif.), the chairwoman of the committee, and others have said that the Bush administration improperly withheld information from Congress on the CIA’s operations.

This is basically a turf war.  Feinstein wants control of the investigation process in her committee, over Patrick Leahy.  And she wants the hearings to be private as well as the final report.  Emptywheel writes:

Pat Leahy will have an investigation regardless of what DiFi says–and he’s going to start it now. So DiFi issues a vaguely formulated leak saying that she’s going to cover the CIA’s role in torture. And, voila! Now the CIA and DiFi can say try to circumscribe Leahy’s investigation. And of course, by doing an investigation that starts with the premise that it is “not designed to determine whether CIA officials broke laws,” even while admitting that CIA officers may have gone beyond the “instructions issued in the aftermath of the Sept. 11 attacks,” it ensures no accountability even for those who went beyond Cheney’s torture regime. And, finally, absolutely no current plans to make public the results, either through public hearings or by releaing a report.

Call DiFi at (202) 224-3841. Thank her for recognizing the importance of understanding the mistakes we made in the past. Remind her that even Pat Roberts’ investigation into CIA Iraq intelligence was released publicly. Demand that she meet at least the level of transparency adopted by her Republican predecessors as SSCI Chair.

Agreed.  This is too important for it to be done in the secret bowels of official Washington as a “fact-finding mission” yielding a white paper that will wind up collecting dust on a shelf.  Feinstein is trying to let criminals off the hook, plain and simple.  History tells us that the inevitable return of criminals like this will only be emboldened to go further as a result.

Eve of Justice: Repeal Prop 8 Rally in Sac

I just got back from attending the Eve of Justice in Sacramento, CA. As you probably know the California Supreme Court hears oral arguments on the validity of Prop 8 starting tomorrow. They must issue a ruling within 90 days. There were several hundred people at the rally.  I was very excited to be part of this march and wanted to share some pictures.

There’s more.















The event was sponsored by Marriage Equality USA,Human Rights Campaign, Courage Campaign, and many other organizations.

Wednesday Open Thread

A generous sampling from around the state…

• Newt Gingrich, who for some reason the media finds still relevant, has discovered the Twitter thing that all “the kids” are using.  On it, he blatantly lied that there has been no oil spills off the coast of Santa Barbara since 1969, and was called on it by Media Matters and Keith Olbermann.  He didn’t like that much, so he called upon his pals at the American Enterprise Institute to bail him out.  Needless to say, they lied too.

This conversation between Greg Lucas of California’s Capitol and Bill Lockyer is well worth reading.  His main point is that hijackings like Abel Maldonado throwing Constitutional amendments into the budget process are just going to embolden obstructionists in the Yacht Party in the future.  “The antes will only keep going up.”  That calamitous Valentine’s Day massacre might only be the beginning if we don’t get serious budget reform.

• Dan Weintraub calms the fever dreams of the antitax crowd and notes that most temporary taxes indeed end on time, with the one recent exception being when voters chose to extend it.

• Here’s Judy Chu talking about her campaign for Congress in CA-32.  We should have more on this race once a date for the election is set.  Gil Cedillo is set to make a big endorsement announcement this weekend.

• Is GOP Congressional backbencher George Radanovich going to get a primary challenger?

• David Leonhardt’s panoramic NYT piece on the Great Recession calls El Centro, in the Imperial Valley, the “capital city” of the downturn.  Unemployment there is up to 22.6 percent.

New York to Repeal Rockefeller Drug Laws – Will CA Follow?

The Rockefeller drug laws are among the most notorious and influential tools in the “war on drugs.” In 1973 New York Republican governor Nelson Rockefeller, trying to appease the law and order crowd in advance of a 1976 presidential campaign, pushed through some of the nation’s harshest mandatory minimum sentencing laws for drugs.

35 years later the laws are widely seen as a failure. Governor David Paterson has said “I can’t think of a criminal justice strategy that has been more unsuccessful than the Rockefeller drug laws.” And now it looks like the New York legislature is about to repeal what remains of those laws:

The proposal, scheduled to come to a floor vote late Wednesday afternoon, would be the first pivotal step in a push to dismantle the laws that tied judges’ hands and imposed mandatory prison terms for many nonviolent drug offenses.

The Assembly’s proposal restores judges’ discretion in sentencing in many lower-level drug possession crimes. Judges would be able to send many offenders to treatment programs instead of prison without receiving consent from prosecutors. In addition, the measure would permit about 2,000 prisoners to apply to have their sentences reconsidered.

If you have to ask why a California politics blog is writing about New York drug laws, then perhaps you missed the massive and unsustainable increase in California’s prison population that has resulted from similar mandatory minimum sentencing laws. 30,000 of California’s prisoners are incarcerated on mandatory drug sentences, around 17% of the total prison population.

As our state budget lurches from crisis to crisis, it is clear that we cannot afford to maintain the laws for a war on drugs that has clearly been lost. Tom Ammiano’s call to legalize, regulate, and tax marijuana is a sensible and long overdue response to both failed drug/prison policy and the budget crisis. Who in Sacramento will have the courage to endorse it?

It’s worth noting that mandatory minimum sentences were part of the overall “conservative veto” strategy of the 1970s that has slowly strangled our state. “Law and order” politicians, all too often including Democrats as well as Republicans, argued that “liberal” judges could not be trusted to enforce the laws, so their power had to be taken away by mandatory minimum laws that would ensure conservative-friendly outcomes of the judicial process just as the 2/3rds rule is designed to ensure conservative-friendly outcomes of the budget process.

I look forward to hearing which of the 2010 Democratic gubernatorial candidates will follow Governor Paterson’s lead and admit the obvious – that our state’s drug and prison policies have been a complete and utter failure, and that we need to move to more sensible and affordable solutions.