All posts by David Dayen

“California will matter!”

I remember this refrain over and over again from everyone who demanded that California move up its Presidential primary to February 5.  The most populous state should have a say in the nomination, everyone said.  The candidates will have to start talking about “California issues,” they said.

Chris Bowers has a post showing the number of public appearances made by all of the Presidential candidates thus far this year.

Iowa: 1,240
New Hampshire: 571
South Carolina: 268
California: 238
D.C.: 174
Florida: 146
Nevada: 111
New York: 103
Texas: 93
Illinois: 73
Michigan: 55
Virginia: 38
Georgia: 37
Pennsylvania: 37
Massachusetts: 36

There have been more trips to Iowa and New Hampshire than to every other state and territory combined.  And I wish Courage Campaign was still doing their ATM Watch, because they would clearly see, as Bowers mentions…

…looking at upcoming events in California, one can see that over 60% of all scheduled appearances in the state are fundraisers, and virtually every non-fundraiser campaign appearance in the state is accompanied with a fundraiser.

over…

When California moved up their primary, I was adamant in saying that this move would do nothing but enhance the power of Iowa and New Hampshire.  And that’s exactly what’s happening.  By putting this giant electoral prize on February 5, close to the early states, you make it imperative for candidates to be in front early to have any chance to win the nomination.  Any strategy to tread water until Super Tuesday will fail, and by the looks of the appearance schedule all of the candidates know it.

Furthermore, this June primary with no Presidential race and no statewide candidates on the ballot will almost surely have a very low turnout, and Republican dirty tricksters are falling all over each other to take advantage of that, with the electoral college split and other nefarious initiatives.  Was it worth it?  Did everyone get what they wanted?

The only way to change the primary system is to actually change the system, with a complete overhaul.  Change the way California practiced it was pointless, debilitating to democracy (a nine-month general election campaign will not be beneficial to anyone), and dangerous for the future of the state if some of those pernicious ballot measures squeak by.

No Dirty Tricks: The Movie

I was up half the night putting together this little video for the Courage Campaign’s effort to fight the Republican dirty trick to split California’s electoral votes and steal the Presidential election.  We got a handful of semi-famous bloggers together (Jane Hamsher from Firedoglake, John Amato from Crooks and Liars, Howie Klein from Down With Tyranny, some Kos diarists, and more) and sent a message that we can fight this thing, energize California Democrats, and make the Republicans wish they never brought it up in the first place.

The Courage Campaign is setting up a conference call featuring Bradley Whitford of The West Wing to discuss the next steps.  You can RSVP for it at the link.

Prison Health Care A Mess

On Monday, the three-judge panel with the power to cap California’s prison population will meet for an organizational meeting.  While the prison healthcare system is already in receivership, the panel might want to take into account these grim statistics about the state of health, and how the overcrowding issue impacts everything else in prison life.

As many as one in six deaths of California prison inmates last year might have been preventable, according to a study of medical care in 32 state lockups that will be used to help rebuild the troubled system.

One inmate, who reported extreme chest pains in the middle of the night, died of a heart ailment after waiting eight hours to see a doctor.

Another who complained for days of severe abdominal pain died of acute pancreatitis after medical staff did not believe his pleas were credible.

A third died after a two-year delay in diagnosis of his testicular cancer.

And an asthma patient died after failing to receive steroid medication for two days following transfer from a county jail.

In fact, ASTHMA was the ailment most likely to cause a preventable death.  Not a shiv in the shower, not a rumble in the exercise yard.  Asthma.  This is straight out of the 19th century.

Between delays in diagnosis, failure to treat symptoms properly, and lack of access to doctors, the common thread here is that there aren’t enough doctors, aren’t enough facilities, and aren’t enough overseers to adequately care for inmates.  It comes directly out of the overcrowding that is plaguing everything in the corrections process. 

Dr. Stuart Bussey, president of the Union of American Physicians and Dentists, which represents prison doctors, said: “We feel that the doctors in [the prisons] have been working in a battlefield situation. They do not have the tools to practice good medicine. The system needs work.”

The cost of reorganizing the healthcare system will be enormous and take over a decade.  It’d be a lot easier if sentencing reform allowed the jails to have a manageable population, but leadership was not forthcoming in this session.  This is the result.

Dateline 1863: President Schwarzenegger Vows To Veto Emancipation Proclamation

Washington (Pony Express Press): As the War between North and South rages on, President Arnold Schwarzenegger has again announced his intention to veto a bill that would emancipate the slaves throughout the American territories, based on the fact that the practice of slavery has been ratified in the states of the Confederacy in the past.

“It would be wrong for the people, and by people I mean wealthy landowners, to vote for something and for me to then overturn it,” Schwarzenegger said. “So they can send this bill down as many times as they want, I won’t do it.”

This is the second year in a row that President Schwarzenegger has vetoed the emancipation bill from the Congress, refusing to offer a proclamation of his own.  The bill would set free millions of colored Americans from the bonds of slavery.  Some have suggested that the people actually voted for the legislators who drafted the bill, but the President, in the midst of shuttling back and forth to Gettysburg for updates on the fighting, dismissed this.

The situation was made all the more intriguing by the fact that the President’s chief of staff is currently a slave.  Abolitionist activists have called on the chief of staff to resign.

on the flip…

OK, the metaphor is getting tired, but you get the idea.  But really, gay activists have called on Susan Kennedy to resign.

GOVERNOR ARNOLD SCHWARZENEGGER said today, that he will veto the bill legalizing same-gender civil marriage because 61% percent of California voters favored Proposition 22 in March 2000. Ms. Kennedy agreed with the Governor’s decision using Prop 22 (which only bars California from recognizing same-sex marriages performed outside California), when he used the same excuse to veto the bill in 2005. He says he will never sign this bill. In 1948, if California voters had been allowed to vote on inter-racial marriage when the California Supreme Court struck down the anti-miscegenation law and found in favor of inter-racial marriage, over 72% of the voters would have voted against it.

Even though I, a plaintiff, am going to the California Supreme Court next year, (and the Governor has said he will “abide” by the CA Supreme Court’s decision), I am not only extremely disappointed in the Governor’s lack of courage, but am especially disappointed in Susan Kennedy, his chief of staff, whose “same gender wedding” I attended in Hawaii several years ago.

Since I attended Susan’s wedding, why is she so against attending mine? Both Arnold and Susan know that it is unconstitutional for the majority to deny a minority equal protection under the law. To hide behind that [Prop 22] as an excuse, is cowardly and unforgivable, for both the Governor and especially for Ms. Kennedy, a lesbian. Rather then backing the Governor’s decision with unacceptable excuses, I ask that Ms. Kennedy resign as Chief of Staff. If not, shame on you Susan, to side against your community, and deny civil marriage to your friends.

I wonder if she’ll respond.

Legal Wins And Losses On Global Warming

Jerry Brown’s effort to sue automakers for the production greenhouse gas emissions through their vehicles, a holdover from Bill Lockyer’s tenure, has been thrown out of court.

In its lawsuit filed last year, California blamed the auto industry for millions of dollars it expects to spend on repairing damage from global-warming induced floods and other natural disasters.

But District Judge Martin Jenkins in San Francisco handed California Attorney General Jerry Brown’s environmental crusade a stinging rebuke when he ruled that it impossible to determine to what extent automakers are responsible for global-warming damages in California. Many culprits, including other industries and even natural sources, are responsible for emitting carbon dioxide.

“The court is left without guidance in determining what is an unreasonable contribution to the sum of carbon dioxide in the earth’s atmosphere, or in determining who should bear the costs associated with global climate change that admittedly result from multiple sources around the globe,” Jenkins write.

The judge also ruled that keeping the lawsuit alive would threaten the country’s foreign policy position.

I didn’t know that judges were responsible for managing foreign policy decisions, but Jenkins also did say that it’s the responsibility of lawmakers and not the courts to “determine how responsible automakers are for global warming problems.”  To that end, another lawsuit that would allow lawmakers to do just that, to hold automakers responsible by mandating a curtailing of the greenhouse gas emissions their vehicles spew, has won a major victory (over):

A federal judge in Vermont gave the first legal endorsement yesterday to rules in California, being copied in 13 other states, that intend to reduce greenhouse gases emitted by automobiles and light trucks.

Ruling in a lawsuit against Vermont’s standards on those heat-trapping gases, the judge, William K. Sessions III, rejected a variety of challenges from auto manufacturers, including their contention that the states were usurping federal authority.

The ruling follows a decision by the United States Supreme Court in April that the Environmental Protection Agency has the authority to regulate heat-trapping gases like carbon dioxide as air pollutants. The ruling in Vermont explicitly endorses the idea that California has the right to set its own regulations on the gases, and that other states, like Vermont, have the right to follow its lead.

The Vermont ruling merely follows the Supreme Court precedent, albeit to devastating effect.  The California case is pending, but it would be hard to see how the ruling could be any different.  Now it’s time for the EPA to allow the waiver that would enable the tailpipe emissions law to go into effect.  With even the White House Science Adviser acknowledging the man-made causes of global warming, it’s beyond time for the Cheney-Bush Administration to give states back the ability to manage their own air quality standards and contribution to climate change.  This lawsuit adds to the pressure on the EPA.

As a side note, last week Jerry Brown reached a settlement with Conoco-Phillips that would require the company to spend $10 million to offset the emissions created by their East Bay refinery expansion.

Brown told a news conference that the accord is believed to be the first time an oil refinery in the country has agreed to mitigate increased carbon emissions from an expansion project.

Brown is definitely using every option at his disposal in this fight.

Congratulations To Us!

CREW just released their 3rd annual “Most Corrupt Members of Congress” report.  They list 22 members of Congress as the most corrupt.  And with 5 members, California wins for the most on the list!!!

Rep. Ken Calvert (R-CA)
Rep. John T. Doolittle (R-CA)
Rep. Duncan Hunter (R-CA)
Rep. Jerry Lewis (R-CA)
Rep. Gary G. Miller (R-CA)

On behalf of all Golden Staters, I want to thank all of these Representatives for having the wisdom, foresight, and venality to give the state this honor.  Sure, the ENTIRE Alaska delegation is on the list, making them slightly mnore corrupt.  But 5 out of 22 is not bad.  Not bad indeed.  Especially when you consider that there are only 19 federal representatives who are Republican, and 5 of them made the list!  That’s called dedication!

These guys might want to worry about the fact that Brent Wilkes just subpoenad a bunch of them.

Former House Speaker Dennis Hastert, House Republican Whip Roy Blunt and 11 other members of Congress have been subpoenaed to testify in the trial of a defense contractor charged with bribing jailed former Rep. Randy “Duke” Cunningham.

All of the lawmakers said they do not intend to comply with the subpoenas.

Those subpoenad include Hunter, Lewis, Doolittle, and as a bonus, Rep. Darrell Issa, who claimed “This subpoena is a mystery.”  House lawyers have said it would be against House rules to comply.

It looks like Wilkes’ team of lawyers is set to argue that the lawmakers asked for the bribes, rather than the other way around.  I think giving bribes is a crime, regardless of who asked for them, so I don’t know how this will fly.  But clearly, this could damage some Congressional reputations.  Or in the case of the CREW list, enhance them!  Let’s go for 6 in 2008!

Chemerinsky Redeemed

This deserves far more than a quick hit.  Erwin Chemerinsky, the esteemed legal scholar who was unceremoniously dumped as Dean of the new UC Irvine Law School after catcalls from the conservative noise machine, has been rehired by the school.

UC Irvine Chancellor Michael V. Drake and Erwin Chemerinsky have reached an agreement that will return the liberal legal scholar to the dean’s post at the university’s new law school, the university announced this morning.

With the deal, they hope to end the controversy that erupted when Chemerinsky was dropped as the first dean of the Donald Bren School of Law.

Drake traveled over the weekend to Durham, N.C., where Chemerinsky is a professor at Duke University, and the two reached an agreement about midnight Sunday, sources told The Times.

Practically the whole faculty was going to walk out if they didn’t set this right, so it’s not surprising.  Apparently LA County Supe Mike Antonovich and OC Republicans won’t get their way on this one.

But I still think the point is valid that if Chemerinsky has to jump through this many hoops to get a UC job, why exactly is John Yoo still employed at Berkeley?

Reminder: Constitution Day Conference Call With Glenn Greenwald and Cenk Ugyur at 4pm PT

Today is Constitution Day.  Calitics and the ACLU Southern California are partnering on a Campaign for Our Constitution.  Today we’ll hear from Glenn Greenwald and Cenk Ugyur of the radio program “The Young Turks” talking about the need to restore our Constitutional freedoms in the age of Bush.  The details are here.  You need to sign up for the call at OurConstitution.net.

Thanks.

Just Weights And Measures

(Cross posted on my site, Daily Kos and Open Left. – promoted by David Dayen)

Yesterday I managed to get myself to services for Rosh Hashanah, the Jewish New Year.  The familiar rituals and rites of Judaism can be comforting but often lapse into rote recitation.  But yesterday, the rabbi’s sermon woke me up and put a new spin on the moral code that underpins all humanity, which is at the heart of not only Jewish teaching, but the foundational premises of our country, principles we are rapidly losing over the course of the Bush Presidency.

The rabbi talked about a little-remarked-upon section of the Old Testament.  Leviticus is filled with a laundry list of commandments and guidelines for life in Biblical times.  One section focuses on “just weights and measures.”

35 Ye shall do no unrighteousness in judgment, in meteyard, in weight, or in measure. 36 Just balances, just weights, a just ephah, and a just hin, shall ye have: I am the LORD your God, which brought you out of the land of Egypt.

An ephah is a unit of dry measure, roughly equivalent to about 23 liters.  The way that business was conducted in this time was that every shopkeeper would have their own ephah, and their own stone, and would parcel out portions of products based on how they filled the ephah or balanced against the stone.  It was stressed in the Old Testament that you have ONE ephah, and that it be clean and untainted, so that the measure was the same everywhere anyone traveled.  What was commanded was that you never substitute “ephah v’ephah”: having one measure for some people, and a different measure for others.

The rabbi made a strong statement paralleling this commandment for just measures with our present policies on immigration.  “You deal with the person in front of you, and you have mercy on them and deal with them and provide for them and care for them as you would anyone else.”  This is not a political accomodation but a moral imperative; to do any different would be to put our thumb on the scale.  And then the rabbi paused, and said, “I should stop there but I won’t.  For I must not be silent about torture.”  This is also a violation of “ephah v’ephah.”  He said that locking up suspects indefinitely and coercing their confessions through prohibited tactics is a sin against God, an “abomination,” as the Old Testament calls it, and one that was held in the highest seriousness to Hebrew scholars.  “We know a lot about that other thing called abomination,” he said, a clear reference to the oft-used line by conservative Christians that homosexuality is an “abomination.”  Unlike sexuality, using separate ephahs for separate people CANNOT be rectified through penance.  It is as serious a sin as there is in Judaism.  And this is perhaps because it gets at the very heart of the measure of a man.  If we cannot treat others the same, no matter what the circumstances, we have no basis to call ourselves moral human beings.

The United States has their own “ephah,” called the Constitution.  We cannot profess to follow the rule of law while breaking it whenever convenient.  We not only damage our credibility, but we do violence to the ancient concept of just weights and measures.  For six and a half long years we have seen an Administration throw morality out the window while claiming to have the word of God on their side.  They have eliminated the Great Writ of habeas corpus, they have spied on their fellow citizens without warrants, they have incarcerated terror suspects at Guantanamo and secret prisons indefinitely and without charges, they have nullified federal statutes through the questionably legal means of signing statements, and more.  And we cannot stand idly by while they use one ephah for their friends and allies, and another ephah for anyone they deem a threat, be it militarily or politically.  We must stand up for just measures.

This week, the ACLU of Southern California, in partnership with Calitics, is launching The Campaign for Our Constitution.  It is an aggressive effort to restore our Constitution and our civil liberties and reverse the extreme policies of the Bush Administration that have made us less safe and called into question just what freedom we’re supposed to be fighting for abroad.  Bloggers, constitutional scholars and activists are joining together in the fight to recapture basic constitutional values.  There are going to be a lot of action items you can take in the future, but for now I want to give you the schedule for the coming weeks.

The campaign officially kicks off Monday, Sept. 17, with a conference call with Salon.com contributor and New York Times bestselling author Glenn Greenwald. He will discuss the future of the Constitution with Cenk Uygur, co-host of Air America’s “Young Turks” morning show, and take members’ questions. The conference call is open to anyone who RSVPs through www.ourconstitution.net.

In the next month, the campaign will hold conference calls on Sept. 20 with Dr. Drew Westen, an Emory University psychologist, Huffington Post contributor, and author of “The Political Brain: The Role of Emotion in Deciding the Fate of the Nation” and on Oct. 4 with John Dean, former White House counsel for Richard Nixon and author of the new book “Broken Government: How Republican Rule Destroyed the Legislative, Executive and Judicial Branches,” just released by Viking Press. There also will be a free screening and discussion with director Robert Greenwald (“Outfoxed,” “Unconstitutional”) in Hollywood on Sept. 25.

“Southern Californians are itching for a fight,” said ACLU/SC field director Susanne Savage. “The U.S. Constitution is our core issue. We intend to lead a campaign that will expose the sad truths about our government’s policies, inspire people to act and give our electeds the political cover they need to stop legislating out of fear.”

There is no more important issue for our country moving forward than to regain the sense of justice and truth that’s been sorely missing for too long.  Please visit OurConstitution.net and see what you can do to help.  We can and must return this nation to one where there are just weights and measures.

Failure on Sentencing Reform a Model for Failure of Legislative Leadership

There will be no sentencing and parole reform coming out of Sacramento this year.  Do you know what that means?  It means that this man will be in our state’s corrections system for the next 12-20 years because military doctors addicted him to opiates.

Sargent Binkley is a high school classmate of ours and West Point graduate who is currently facing twenty-odd years in prison for robbing a Walgreens under California’s minimum sentencing laws. He used a gun (unloaded) and robbed the drugstores of only Percocet – no money, harming nobody.

Here’s the kicker — he was addicted to the opiates after smashing his hip while serving abroad in the Army — the military medical system kept misdiagnosing him, and feeding him more of the painkillers. Add in some serious PTSD (he guarded mass graves in Bosnia from desecration at one point) and he spiraled down.

Sargent turned himself in, has been in a rehab program in county jail for over a year and a half while he awaits sentencing, and by all accounts is doing well. The Santa Clara DA wants to chuck the book at him, and he’ll be gone.

Because the leadership in Sacramento – Republicans and Democrats – have no sense of how to legitimately deal with the crisis in our jails, and would rather look like tough guys and gals while putting sick people in prison.  Sargent Binkley is a sick man.  He needs treatment and aid from a nation which has abandoned him.  Because of our mandatory minimum sentencing law, an angry DA is going to make him spend the next 20 years in a crowded cell.

over..

Sargent was sent to Bosnia after his graduation, where he served as a peacekeeper by guarding the mass graves of genocide victims. From there he was sent to Central America, where he participated in drug interdiction operations. At one point he was ordered to open fire on a truck that contained a civilian teenage boy, an act that haunts him to this day. While on duty in Honduras, he fractured his pelvis and dislocated a hip. This injury was consistently misdiagnosed by Army physicians over the next several years, resulting in chronic pain and an addiction to prescription painkillers.

This is a textbook example of where we are today in Sacramento.  There’s a complete failure of seeing beyond narrow political gamesmanship rather than stepping up to solve problems.  Sentencing commissions have worked all over the country.  They have succeeded in returning corrections systems to its mission, of rehabilitation and treatment.  The current system threatens public safety and needlessly puts sick people behind bars.  If you want to know why nothing gets done in Sacramento, look no further.

It’s beyond obvious that we’re going to have a federal takeover of our prison system.  Schwarzenegger tried to prevent any cap on the population but that was blocked on Tuesday.  The three-judge panel is going to have to take it away from these mewling children who can’t look past their next election to actually do their jobs.

P.S. THE PHARMACIST SARGENT BINKLEY ROBBED is on the record supporting him.  You can support him too.  And one way is to demand that the politicians we elect actually move the state forward instead of this ugly slow motion.  If not, we’ll get new politicians.