Stockton Stares Headlong Into the Abyss

Shock doctrine comes home to Central Valley

by Brian Leubitz

In many ways, it is hard to fault the current City leadership.  Sure, some of them have been around a while and had a hand in some bad decisions.  However, while Stockton over leveraged in search of the growth gods, they were doing what they thought was the American way. They were building a community based upon construction and growth. And when the bubble burst, they were out on the edge. And now they are going through an “orderly mediation”

The City Council is expected to approve an eight-point plan this evening that calls for the city to suspend approximately $2 million in bond payments through the end of the current fiscal year. The plan also calls for the city to embark on two months of private discussions with its bond holders, city employee unions and any other creditors with at least $5 million in claims against the city to determine if parties can reach accommodations that will allow Stockton to avoid bankruptcy.

If the council agrees – and it really has no other viable option – Stockton will become the first city in the state to undergo the AB 506 process, a formalized mediation period designed to help jurisdictions restructure their debts and avoid municipal bankruptcy.(Modesto Bee)

At this point, Stockton is in a corner. Under state law, they have few viable choices. Labor will have to take a big cut, whether through this mediation process or through bankruptcy.  But this is about more than some bond holders.  Stockton made a deal with its employees. In exchange for taking lower salaries, they would get better long term benefits and stability.  Turns out that they are going to fail on both accounts.

I doubt this process will make many on Wall Street happy, but even if they are going to lose a few bucks, they do get to continue their attacks on the middle class and organized labor. And so far, they seem to be winning even when they lose.

Bailout Binging Bainster TV Ad

We at AmericanLP have created a new ad to spotlight Mitt Romney’s hypocrisy on the issue of bailouts. By now, most observers have learned that Mitt Romney was against a bailout for Detroit. But what even many political insiders don’t realize is that Mitt Romney has been the beneficiary of a Federal bailout of sorts. As head of Bain and Co in the early 90s (he had been brought back from Bain Capital to sort out the mess at the mother company), Romney was in charge of keeping Bain from imploding under a huge mountain of debt. In addition to firing lots of people (naturally), Romney also squeezed suppliers and other creditors. What’s more, Bain had a $38 million loan from the Bank of New England, and that the Bank of New England had its own problems and had been taken over by the FDIC.

Romney shrewdly re-negotiated the Bain loan from $38 million to $28 million. So what does that mean, exactly? Well, since the FDIC is an arm of the Federal government, that means, essentially, that the FDIC (ahem, taxpayers) ate the difference. In other words, Romney conned the government into giving him and his cronies a $10 million bailout.

Yes, this was legal for Romney to do-other business people do it all the time. But it was a bailout to the tune of $10 million, Romney did personally benefit, and it’s a bit rich for Romney to be so sanctimonious about other people getting bailouts. Critics of our ad would suggest that it is unfair to imply that Romney benefited personally from the $10, million write-offs. While the money went to Bain and Co, Romney actually benefited to a much greater degree than $10 million. If Bain and Co had not gotten the bailout, it would have likely imploded. If Bain and Co had imploded, it would have likely tainted Bain Capital to such a degree that it would have been destroyed. If Bain Capital had been dismantled, Romney would have never been able to make his quarter billion that has allowed him the life of the perpetual candidate. Yes, this stuff is complicated-but that’s why rich finance guys like Romney are able to play the system to their advantage.

We start the ad with images of Ronald Reagan talking about the Chicago welfare queen in a Cadillac. This was a story Reagan told over and over again in the 1976 and 1980 campaigns. Even though Reagan never specified it was a black woman, it was widely assumed by most observers across the spectrum that Reagan was in fact talking about a black woman from Chicago with 80 different fake names. (It turns out that Reagan didn’t have his facts straight on this-surprise, surprise)

By showing Reagan at the beginning of the ad, we are trying to evoke the warm feelings conservative Republicans have toward Reagan and his beliefs about “welfare queens.” That is why we are literally showing what appears to be a woman driving a pink Cadillac in an inner city. We then show that in fact the “woman” is none other than Mitt Romney in drag. Romney should actually be seen as a modern day welfare queen who ripped off the government for more than any “welfare queen” from the inner city could ever imagine.

By portraying Romney this way, we are attempting to turn ugly racist beliefs on their head and make people realize that the biggest freeloaders on the government system are actually people who look like Mitt Romney.

At the end of the ad, we show Mitt Romney’s vacation mansion worth $10 million. We aren’t suggesting that Romney criminally stole tax dollars to buy his house illegally. But money is fungible, so any money that benefits Romney in one account can be used to purchase luxuries from any other account.

The point is that Romney and his colleagues at Bain were already wealthy by the early 1990s when the difficulties with the loan arose. Because, as we know, “corporations are people,” Romney and his cronies weren’t personally liable for the full $38 million. Instead, just the corporate entity of Bain and Company was liable. But there was nothing stopping Romney or his wealthy colleagues at Bain from paying back the full $10 million out of their own pocket at the time. For that matter, Romney and his colleagues could have paid the Government back in later years, after they’d all become super, super rich.

The bottom line is Romney got the best deal he could, just because he could. And yet he belongs to a political party that says people who do that are evil parasites for not being “rugged individuals” and succeeding on their own merits.

Finally, our goal here is to make conservatives sickened by the hypocrisy of Romney taking bailouts and for moderates and independents to be disgusted by Romney for making himself richer at the expense of average taxpayers. This bailout for Romney is a perfect window into why Romney should be seen as an utterly detestable and phony candidate regardless of one’s ideological position. Please take a look at the ad below.

http://youtu.be/-L8oCg_pM2M

More info at www.americanlp.org

The Politicization of CSU’s Herbert Carter

Republicans aim to block reappointment

by Brian Leubitz

Herbert Carter, originally appointed by Gov. Schwarzenegger in 2004, has presided over the CSU Board of Trustees as its Chair since 2009.  As you may know, those years have not exactly been a picnic for CSU or the state budget.  However, being the guy who raised tuition while also paying higher executive salaries is going to make you a target no matter how diplomatically you handle it.

He’s up for confirmation on his reappointment, and it isn’t going smoothly.  Apparently, the Republicans are up in arms, UP IN ARMS I tell you, about high executive pay.

Last week, Sen. Joel Anderson (R-San Diego) sent a letter to Gov. Jerry Brown asking him to withdraw his appointment of Carter.

“Since 1984, Herbert Carter has been near the center of every CSU pay hike scandal,” Anderson wrote. “The CSU trustees don’t seem to understand that their ‘compromise’ of setting a CSU’s president’s pay at $325,000 is insulting to California students, parents, and taxpayers.” (LA Times)

Without jumping into the morass that is CSU executive pay, I will say that hiring for a job at institution in chaos isn’t exactly an easy prospect. And the tuition/fee issue, well, you are never going to win in that position. But Republicans playing the tuition card seems kind of rich when they are all about cutting funding for the institution.

Perhaps Gov. Brown will have to come to some compromise on this candidate, but in a world where this is one of the few votes that matters for Republican support, they are doing their best to be heard.  Whether it has any larger impact on anything whatsoever is a different question altogether.

Brown and His Metrics: Stand Together or Fall Separately

Governor releases poll showing measures would fail if all three on ballot

by Brian Leubitz

Of course, the question then becomes which measure you actually put on the ballot. Brown’s poll has some interesting figures on that:

Both Brown’s temporary tax hike — a half-cent rise in the sales tax coupled with increased levies on higher earners — and a proposed tax increase on millionaires sponsored by some unions score more than 50% on the poll. Brown’s measure is at 53% while the millionaire’s tax polls at 55%, according to a statement from Sacramento-based pollster Jim Moore.

The third proposed tax hike, an across-the-board income tax hike to fund public education pushed by civil rights attorney Molly Munger, lags with only 31% support.

But if all three appear on the ballot, the release states, none cross the 50% threshold. Brown’s wins 43% support, the millionaire’s tax 42% and the income tax 17%. (LA Times)

Munger seems not to be interested in backing off, despite what poll after poll shows: her measure really can’t pass. And, really, it should be no surprise. It increases tax increase for everybody making any amount over about $7750.  That really isn’t going to fly with any electorate really.

Now, as to the question between Brown’s measure and the millionaire’s tax, the issues become closer.  Both sides seem intent on their own measures making it on the ballot.  While Brown’s has considerably more resources to get on the ballot, there is still a strong chance of both making it.  Unless somebody backs off, we stand a chance of seeing all three measures on the ballot.

For reasons of confusion and principle, having three on the ballot makes it even tougher to get one through to 50%.  And at this point, I’m not sure the little discussion through the media is really working.

Prop8 Supporters Seek Broader 9th Circuit Review

Hurry up and wait as anti equality litigation team seeks more attractive ruling to Supreme Court

By Brian Leubitz

Given the proposition eight supporters previous statements that they preferred to go to the Supreme Court as quick as possible, the decision to appeal to Ninth Circuit as a whole probably deserves some explanation. But the big problem for the so-called protect marriage team is that the ruling from the Ninth Circuit three-judge panel is more narrow then they would have expected. It leaves open the possibility that the Supreme Court could actually decline to hear the case. And what they’re really looking for is the ability to continue on with their campaign of constitutional amendments against marriage equality.

So, rather than going directly to the Supreme Court, yesterday They decided to appeal the Ninth Circuit 11 judge panel:

ProtectMarriage, the sponsors of Proposition 8, will ask a larger panel of the U.S. 9th Circuit Court of Appeals to review the marriage dispute ruling instead of going straight to the U.S. Supreme Court, according to a spokeswoman.

The 9th Circuit would have to vote on whether to grant the extra layer of review. If a majority favors it, a larger panel will reconsider the constitutionality of the marriage ban and issue a ruling. Such a reconsideration could delay U.S. Supreme Court review by months or more than a year. (LAT)

After all, what do they really have to lose? With the appeal pending, and the previous decision of the three-judge panel stayed, the prop 8 supporters really only have money to lose. But their supporters have really shown no lack of desire to continue funding the litigation.

As it is, no marriages can go forward while litigation is pending in the 9th circuit. And while they risk the country becoming increasingly accepting of marriage equality, assuming there is no change in the composition of the Supreme Ct., the risk is minimal. So they get to delay the possibility of marriages in California for the better part of another year.

The previous, narrow, decision is just a complicating factor for them as they face the Supreme Court. It sill seems unlikely that the Court will not hear the case, but whatever small chance that is becomes greater with the narrow opinion. If they get a worse decision at the 9th, the case will definitely go to the Supreme Court. And heck, there is always the chance that the 11 judge panel would decide against marriage equality.

So, plan on doing a little more hurrying up and a lot more waiting on the final resolution of the Prop 8 litigation.

Will Alan Lowenthal Side With President Obama or the Tea Party?

State Senator Alan Lowenthal is running for Congress in an open seat – California’s 47th district. The seat is centered on Long Beach and includes some pieces of Orange County, which was why Lowenthal spoke last Friday at the luncheon of the Democratic Foundation of Orange County.

Lowenthal has made a name for himself as a leading critic of the high speed rail project. Of course, this is the same project that is very strongly supported by President Barack Obama, Governor Jerry Brown, and the other Democrats who represent California in Congress, a group Lowenthal wants to join. HSR critics, on the other hand, are Tea Party Republicans like Jeff Denham and Kevin McCarthy.

So it makes sense that a group of Democrats would want to know which side Lowenthal is on – the side of HSR and Democrats, or the side of the Tea Party. A friend of Calitics was in the audience last Friday at the luncheon, and asked Lowenthal that question.

His answer was not encouraging:

“There’s an inadequate business plan,” state Sen. Alan Lowenthal, D-Long Beach, said at a Friday luncheon of the Democratic Foundation of Orange County.  “A UC Berkeley study found the ridership projections were too high. We have $10 billion in state funds and $3 billion in federal funds for a $98 billion project. To start in the middle (of the state) when you have no (financial) commitment is too risky.”

Lowenthal’s answer is full of flaws. He cites a discredited Berkeley Transportation Institute in order to criticize the system’s ridership projections, but totally ignores the work of an independent peer review committee that found the ridership projections were sound. But Lowenthal ignores that because he knows that if he can tap into the belief that nobody rides trains in America, then he can undermine the project.

Further, as a member of Congress Lowenthal would be in a position to do something about federal funding. If he were concerned that the feds hadn’t kicked in enough money, he could simply pledge that he would go to Congress and vote for more HSR money, as opposed to a Republican who would presumably join the rest of his party in voting to defund high speed rail. Tellingly, Lowenthal made no such pledge.

Of course, if high speed rail isn’t built in California, then presumably the growth in travel will require an expansion of both the airport footprint as well as in the number of flights serving Long Beach and Orange County airports. One wonders if Lowenthal’s constituents are aware he is more willing to subject them to airplane noise rather than help build quieter, more sustainable trains that would help relieve the pressure on those two airports.

The OC Register article claims Lowenthal is a “high speed rail advocate” but that is a convenient fiction Lowenthal has maintained in order to try and hide his true opposition to the project. But Lowenthal will have an opportunity to prove that conclusion wrong later this year when he gets to vote on whether to release the voter-approved Prop 1A bonds for high speed rail construction. Republicans don’t want that to happen, preferring to kill a signature initiative of President Obama’s that California Congressional Democrats support.

So Lowenthal has a choice in front of him. Will he side with Obama, Brown, and Congressional Democrats and vote to build high speed rail in California in 2012? Or will he side with Tea Party Republicans and vote against high speed rail?

California is eagerly awaiting the answer to this question, even if he wouldn’t give his fellow Orange County Democrats an answer last week.

CA-26: Asm. Julia Brownley to seek Congressional seat

Race could be critical for Democratic hopes in the House

by Brian Leubitz

Since Sup. Steve Bennett dropped out of the race for CA-26, the Democrats have been looking for a candidate that could raise the money in what is likely to be a pretty expensive race.  Bennett had been pretty successful at fund raising, and has promised to help for any future Democratic candidate.  Until now, that has been limited to David Cruz Thayne, who is described as a “businessman” on the CA-26 page on AroundTheCapitol. But considering that Tony Strickland appears set to contest this race, his fundraising left a lot to be desired.

So, enter Asm. Julia Brownley, who represents much of the district in the Assembly in a district that runs the coast from Santa Monica to Oxnard:

I’m thrilled to announce my candidacy for Congress in a district I’ve represented for over five years. It’s clear that we need to end the partisan gridlock in Washington and start representing the interests of the voters who elected us. Ventura County residents want to get back to work, they want their children to have the same quality education they had, they want to make sure our coastlines are protected and they want access to affordable health care. These are the values I’ve fought for on behalf of my constituents and I’d be honored to be able to continue that work in Congress.

Brownley received Bennett’s endorsement, so perhaps this could really be all one big story. But whatever it happened, it certainly made the DCCC happy. In Brownley they found somebody with good name ID and fundraising acumen. Assuming the top-two is between Strickland and Brownley, expect to see a very expensive campaign.

Finally, as David Nir points out, this likely puts the kibosh on the pressure to move Brad Sherman over to this seat instead of the new 30th district. Game on, “-ermans”.

Where Would You Put Your Next Political Dollar?

If you were spending a few bucks in California politics, where would you put it?

by Brian Leubitz

I was recently asked by a Democratic donor where I would recommend giving money in state politics. Well, that is certainly a challenging question.  Like the national Dems, the state dems have quite the bit of dysfunction.

I think there are a few different priorities, which occasionally come into conflict. First, in order to really break the deadlock in Sac, you need to get to 2/3 in each house. The absolute hard and fast anti-tax pledges from the Republicans mean that you can’t really accomplish any larger goals w/o 2/3. And that goal is very doable, at least in the Senate, this year. The Assembly is less likely, but not impossible. So, if that’s the goal, then there are a few races where you would want to contribute: Cathleen Galgiani in SD-05, Russ Warner in AD-40 and a number of other.  You can  find more swing seats at AroundTheCapitol.

The other question is about better Democrats.  As you get to the end of each session, you always see good bills die because some “moderate” Democrat came up with some reason to walk out on the vote or just plain voted against it. There are more than a few examples of a Democrat that runs as somebody who won’t raise your taxes, or will cut regulations, or something similarly anti-progressive that feeds into Republican talking points. That is more than a single campaign issue, more than just one race, whether that be in Santa Barbara or the Central Valley, we need to work on developing candidates that will work to get the state on the right track through progressive economic growth.

In that we are fortunate to have the party lead by a strong progressive like John Burton, and they can do some of that work. However, ultimately that has to come through training and cultivation that may or may not be the right place for the party. It is somewhat conflicted in this matter, as they represent both sides of the intraparty fight. Term limits make it all that much more difficult as you have to keep looking for new candidates.

This June there will be a measure on the ballot to at least fix that one small part, moving term limits to 12 years total. And in November there will be a number of Dem-on-Dem races where we need to ensure that a progressive wins, while also picking up those swing districts? These are somewhat competing interests, and as a donor, you have to choose your priorities?

So, any thoughts?

Honoring Citizen Korematsu

(I meant to promote this yesterday, but it is still worth noting. – promoted by Brian Leubitz)

Today, Feb. 19, 2012, is the 70th anniversary of Executive Order 9066, which ordered the imprisonment of some 120,000 Japanese Americans, about 3/5 of them US citizens.  They were imprisoned without charges, let alone convictions.

Less well known is the direct connection that one of the heroic resisters of that internment with President Bush’s similar imprisonment of uncharged, unconvicted men at Guantanamo.  So this is a good day to honor the memory of Fred Korematsu.

In 2003 Fred Korematsu filed an amicus habeas corpus brief in the case Shafiq Rasul v. George W.  Bush, in which Rasul, a British citizen, was represented by the Center for Constitutional Rights.  A District Court and a Court of Appeals had ruled that US courts had no jurisdiction over Guantanamo because it is not on US territory. Korematsu argued that “in order to avoid repeating the mistakes of the past, the Supreme Court should make clear in these cases that the United States respects fundamental constitutional and human rights-even in times of war. These cases present the Supreme Court with a direct test of whether it will meet its deepest constitutional responsibilities to uphold the law in a clear-eyed and courageous manner.”  He won, and the Supreme Court ruled against the Bush administration. Rasul and his fellow prisoner Asif Iqbal were released to the British.

Here is the whole story: Fred Toyosaburo Korematsu was born in Oakland, California, in 1919, where he attended school.  Rejected for the draft because of stomach ulcers, he worked as a welder in a defense plant until the attack on Pearl Harbor when he was fired.  Ordered to report to an internment camp, he joined a minority of American citizens of Japanese descent who determined to resist what they considered an unconstitutional order; he later said that he believed he was entitled to a fair trial and a chance to defend his loyalty to the US.  He was then jailed in San Francisco.  When asked by the ACLU, he agreed to become a “test case,” was tried, convicted of refusing the order, and forcibly taken to a camp.  He appealed and was again convicted in 1944 by the US Supreme Court, Justice Hugo Black writing the opinion, Frankfurter concurring.  Released after the War, he returned to Oakland.

The case was reopened 40 years later, when scholar Peter Irons discovered evidence that FDR’s Solicitor General had deliberately suppressed evidence that both the FBI and armed forces intelligence had determined that Japanese Americans offered no disloyalty threat.  Korematsu’s conviction was voided in 1983 and in 1988 President Clinton gave him a Presidential Medal of Freedom.

Fred Korematsu exhibited his citizenly courage once again in 2003-04.  He actually filed three amicus briefs, in Rasul v Bush, in Khaled A.F. Al Odah v. United States of America, and in Donald Rumsfeld v. Jose Padilla, assisted by several Bar associations and law firms, all with similar arguments: against imprisonment without trial.  Korematsu remarked, “If that principle was not learned from the internment of Japanese Americans, then these are very dangerous times for our democracy.”

Korematsu died in 2005 at age 85.  “I’ll never forget my government treating me like this. And I really hope that this will never happen to anybody else because of the way they look, if they look like the enemy of our country…. protest, but not with violence, and don’t be afraid to speak up. One person can make a difference, even if it takes forty years.”

Asm. Shannon Grove has better things to do

Bakersfield Republican doesn’t think she has been using her time productively.



by Brian Leubitz

If you are like me, you don’t really know who Shannon Grove is.  But if you are also like me, you are going to be rather confused when you hear the message that she brings to you courtesy of the Inter-tubes.

See, she’s a member of the Assembly who wants to go back to the idyllic days of a “citizen legislature” who aren’t “professional politicians.”  What Shannon apparently doesn’t remember from her California history classes or didn’t bother to look at in Texas, the state closest to us in size that has a part-time legislature, is that a part-time legislature breeds corruption and conflicts of interests galore.

Sure, it would be great if the state could be governed in a period of 90 days every other year, but things aren’t really that easy.  Leaving California to a part-time legislature means that while the lobbyists never go away, the legislators do.  Guess what that means for the relative power between the groups? The last thing we need is a further increase in power in unelected staffers and lobbyists.

But, you know, what the heck, why not have people who are in industry vote on that industry? Sounds great!

If Shannon Grove thinks she’s not busy enough, maybe she should find a different line of work. One that she finds more satisfying.  Maybe she doesn’t like regulating fonts (that would be so we have better campaign finance disclosure) or shark fins (so we stop torturing sharks), but these are important issues.  That she is so flippant about them, makes me think that perhaps she could find work that is more satisfying.