All posts by David Dayen

Loretta Sanchez And The Defense Machine Hustle

As usual, it would be better to quote this Digby post verbatim, but let me just give you the relevant section from the article in question:

(Loretta) Sanchez, Orange County’s only Democratic member of Congress, voted in 2002 against giving President Bush authorization to invade Iraq. More recently she voted to begin pulling troops out within 90 days.

Tuesday night Sanchez said she could not support the protesters (who want to cut funding for the war) because the $145 billion in Iraq war funding was in the same bill that would provide money to build the C-17 aircraft in California.

“I never voted for this war,” she said. But “I’m not going to vote against $2.1 billion for C-17 production, which is in California. That is just not going to happen.”

Sanchez has been consistently against the war, and she cannot be fully blamed for protecting her constituents.  But she’s constrained by the fact that a major military contractor in her district has a gun to her head.  Particularly in California, but all over the country really, the massing of the war machine has a definite impact on policy.  They put their factories in all these different districts, so that shuttering an obsolete weapons system will be met with enormous resistance.  This ensures that you can never decrease military spending or even keep it the same.  And eventually, all these systems have to be justified.  Through war.

This is approximately why the nightly news has all of these ads for Lockheed Martin and Boeing on them.  I can’t buy a 757, but Boeing can keep that news network in line by threatening to drop their ads if they stray from the party line.

Here’s Digby:

It’s just another way that big money distorts our politics. Sanchez’s statement makes it quite clear that the “power of the purse” is not about stopping anything. It’s about funding all kinds of things that have been set up over many years to keep politicians like Sanchez in line. She really does have to answer to her constituents — many of whom make their living off the military industrial complex dime. You can’t blame her.

I don’t even think public financing will stop this.  You’re talking about thousands of constituents’ jobs.  And California embodies this problem as much as any state in the union.  It’s something we really have to think about.  How do we, after 60 years of massive military buildup, put this genie back in the bottle?

(This isn’t limited to defense, by the way, John Dingell’s attempt to upend CAFE standard legislation preferred by the Speaker comes from him protecting his constituents, just as resistance to gas taxes comes from legislators protecting theirs.)

CA Congressmen Need To Go Back To Congress School

We all know about Ellen Tauscher not knowing that Alberto Gonzales can be impeached; she cleared that one up.  Now we have a report from the LA National Impeachment Center, including a lot of my fellow 41st AD delegates, on a meeting they held this week with Henry Waxman:

Towards the end of the meeting, Dorothy Reik, President of Progressive Democrats of the Santa Monica Mountains, urged Waxman to use the inherent contempt power of Congress to bring criminal charges against Bush and Cheney and their aides, hold a hearing in Congress on those charges, and then hand down the punishment, prison time.  Reik expressed frustration with the refusal of Bush administration officials to testify before congressional committees, despite the fact that subpoenas had been issued.

Your witnesses aren’t showing up — They’re ignoring your subpoenas, said Reik, so it is time for you, Congressman Waxman, to recognize that there is a precedent for members of congress to initiate and follow through on criminal proceedings.

Waxman said he was unaware of the inherent contempt power.  In a follow-up letter after the meeting, Winograd emailed him information on the inherent contempt precedent.

Inherent contempt hasn’t been used in decades, so it’s a little excusable.  But Congressmen like Waxman ought to know about all of the tools at their disposal in fighting the intransigence of the Bush Administration and getting to the truth.

Waxman’s thoughts on other topics, including impeachment, on the flip.

Since Rep. Waxman is the most dogged investigator in the entire Congress, I think this answer to the question of impeachment is appropriate.

Congressman Waxman, Chair of the House Oversight Committee, told an impeachment
delegation meeting with him in his Los Angeles office, Tues., Aug. 7, 2007, that he would mull over
his constituents’ articulate arguments, watch the Bill Moyers’ interview on impeachment, and weigh whether there was sufficient evidence to, not just impeach, but convict Bush and Cheney. Waxman told the delegation it was not enough to believe Bush and Cheney were responsible for high crimes; his decision to support or co-sponsor an impeachment resolution must be predicated on the knowledge that there is overwhelming evidence for a conviction.

You shouldn’t put the cart before the horse when it comes to something like this.  Indeed, considering that Congress keeps SANCTIONING the illegal acts undertaken by this White House, I’m not sure there’s anything illegal left that would constitute a high crime or misdemeanor.  But this was an interesting exchange:

At the outset of the meeting, Waxman expressed a hesitancy to come out publicly for impeachment, explaining that his role as a vigorous investigator would be compromised by taking a stand that could be perceived as partisan or partial.  Winograd responded with, At some point you, the investigator, have enough evidence to hold these criminals accountable.  What is the point of continuous investigations unless an indictment or impeachment process is begun?  Showing some hesitancy, Waxman insisted that a successful impeachment trial would necessitate strong and convincing evidence to persuade both Democrats and Republicans that high crimes had been committed. In the next breath, Waxman recited a litany of Bush and Cheney’s crimes, everything from the Iraq war to the outing of a CIA agent to illegal wiretapping.  “You sound like you are delivering the opening argument for an impeachment trial,” said Winograd.  With good humor, Waxman nodded and smiled.

Again, Congress enacted the illegal wiretapping into law last week, so I think there’s a disconnect going on here.

I’m proud of my AD delegates for holding their representative accountable and for presenting him with new information, on the subject of inherent contempt, that even he didn’t know about.  Maybe in September we will see a bolder move by the Congress to end this absurdity of White House officials defying subpoenas and skipping out on hearings.  And some point you can only write so many strongly worded letters.

Fourth Amendment For Me But Not For Thee

Are you poor?  Black?  Hispanic?  Congratulations!  The city of San Diego wants to look at everything you own without a warrant!  All of this is in the context of ensuring that there are no “cheaters” and that money distributed to the poor by the state is being done legitimately.  This is actually a Constitutional question that was upheld in 1971.  Oddly enough, and sit down for this one because it’s shocking, it’s only ever applied to the poor and not the literally millions of other entities, whether corporate or agricultural, who receive the same type of largesse.

If waiving one’s Fourth Amendment rights based on the receipt of government funds were applied outside of the impoverished, most people would instantly see the problem. Given the number of people who benefit from some kinds of government subsidy, the government could simply abrogate the Bill or Rights through its spending power. This can’t be right. And whether or not it’s unconstitutional, certainly these kinds of searches without cause are bad policy, for the same reasons. As soon as executives at Archer Daniels Midland agree to waive their Fourth Amendment rights, we can start talking about welfare recipients.

I know that the Fourth Amendment is no longer operative, so this may be something of a moot point.  But it’s so clear that those quick to jump on the indigent for “ripping off the taxpayer” has no similar fervor for those in corporate America.  I was astonished when I heard Bill Richardson use the phrase “corporate welfare” at the Yearly Kos Presidential Forum.  Maybe some of our more progressive cities might want to start barging in to some corporate offices just to make sure their books are the same as they claim.  Who knows, maybe we can end welfare as we know it again.

Russ Warner Liveblogs Firedoglake on CA-26

This is Lucas posting on Dday’s computer from Chicago.  We’ve had a great chance to talk to several California candidates here, and some are getting some big attention at the national level.  Case in point, please go check out the THREE hours of liveblogging at Firedoglake done earlier today by Russ Warner, Democrat running against David Dreier in CA-26. And as always, don’t forget to rekindle your deep love and affection for the great work of Howie Klein and everyone at FDL.

Bowen De-Certifies, Re-Certifies Voting Machines

Debra Bowen is doing what we elected her to do.  After her top-to-bottom review of the voting systems in California revealed serious flaws, she acted:

In a dramatic late-night press conference, California Secretary of State Debra Bowen decertified, and then recertified with conditions, all but one voting system used in the state. Her decisions, following her unprecedented, independent “Top-to-Bottom Review” of all certified electronic voting systems, came just under the wire to meet state requirements for changes in voting system certification.

Bowen announced that she will be disallowing the use of Direct Recording Electronic (DRE, usually touch-screen) voting systems made by the Diebold and Sequoia companies on Election Day, but for one DRE machine per polling place which may be used for disabled voters. The paper trails from votes cast on DREs manufactured by those two companies must be 100% manually counted after Election Day. DREs made by Hart-Intercivic are used in only one California county and will be allowed for use pending security upgrades.

The InkaVote Plus system, distributed by ES&S and used only in Los Angeles County has been decertified and not recertified for use after the company failed to submit the system source code in a timely manner to Bowen’s office. LA County is larger than many states, and questions remain at this time as to what voting system they will use in the next election.

Read the whole thing.  Bowen is going up against some really powerful forces and needs out support.  The registrars are going to scream holy hell about this, and we’ll hear that we don’t have the money to up and change everything now.  That dog shouldn’t hunt.  I think everyone in this state, or at least a vast majority, is willing to pay for the security of our democracy.

Di-Fi… Sigh.

This is really irksome, especially because we’re in the majority now and there’s no need to confirm these right-wing reactionary activist judges.

Feinstein just voted to confirm a judge who thinks children should be removed from gay parents. And she wonders why so many Democrats hate her.

Republican supporters of Leslie Southwick had a huge victory today when a moderate Democrat, Sen. Dianne Feinstein of California broke with her party to vote for the Mississippi judge’s nomination to the federal bench.

Feinstein had been heavily lobbied by the nominee and Mississippi Sens. Thad Cochran and Trent Lott, both Republicans, as well as the White House.

My relationship with Di-Fi waxes and wanes.  Her leadership on the US Attorney scandal and closure of Guantanamo was admirable.  And then she goes and pulls something like this.  Leslie Southwick has no business being a federal judge.  There’s no argument for her to be one.  Yet this move burnishes moderate credentials and creates a chit that Di-Fi can call in later.

Not happy right now…

Tauscher Cleans Up The “Gonzales Can’t Be Impeached” Remark

Ellen Tauscher has now not only acknowledged that an Attorney General can be impeached, but she signed on to the impeachment resolution:

I apologize for inaccuracies contained in any earlier correspondence. I want to set the record straight on my actions. I am a co-sponsor of two bills to remove Gonzales from office. On May 22, I co-sponsored H. Res. 417, which declares that the House of Representatives and the American people have lost confidence in Attorney General Gonzales. It calls on the President to nominate a new candidate capable of serving as the head of the Department of Justice. Additionally, I am a co-sponsor of H. Res. 589, introduced yesterday by Rep. Jay Inslee of Washington, which directs the House Judiciary Committee to initiate an impeachment investigation of the Attorney General. The resolution requests a formal investigation of the facts surrounding the Attorney General’s actions in order to allow Congress to determine whether articles of impeachment are appropriate […]

You have to appreciate someone who can admit they were wrong. 

Working Families Need Health Care Too

I’ve been watching the debate in the Congress over expanding S-CHIP (the State Children’s Health Insurance Program) today while waiting for my plane travel to Yearly Kos, and I’m reminded of how dishonest Republicans are on this issue.  They created the block grant program to give states the ability to cover children, and now when it’s become popular and successful, and state governors want to expand it more, they suddenly want to stop it.  And they’re using the familiar “this would let illegal immigrants get free health care” canard to try and submarine the bill (incidentally, it doesn’t).

It’s important to chronicle this, because it’s the opening salvo in the battle to change the health care system in this country.  In California we’re gearing up for health care reform, and today The California Budget Project and the UCLA Center for Health Policy Research released a joint report that ably shows the consequences of maintaining the broken status quo on health care as the Republicans want to do:

…many families spend a substantial amount on health care premiums and out-of-pocket costs, and could face financially devastating medical expenses if they are not adequately protected.  The report, “What Does It Take for a Family to Afford to Pay for Health Care?” (available at www.cbp.org and www.healthpolicy.ucla.edu) recommends that health care reform proposals – such as those proposed by the Governor and Democratic legislative leaders – ensure that families can realistically afford premiums and out-of-pocket costs, such as copayments and deductibles.

The report recommends that proposals fully subsidize health care coverage for those who earn up to 200 percent of the poverty line ($41,300 for a family of four) because the cost of housing, food, and other necessities leaves these families with few or no resources to contribute toward health care costs.  The report also determines that families need incomes near 300 percent of the poverty line ($61,950 for a family of four) just to afford typical health care costs.  Because some families face much higher out-of-pocket health care costs, the report recommends that policymakers consider providing subsidies for families with incomes higher than 300 percent of the poverty line.

This is EXACTLY what the expansion of S-CHIP would do, and yet Roadblock Republicans and the Bush Administration are concerned with defeating it solely on ideological grounds.  They don’t want America to see a health care system managed in a public way that works.  They fear people will see the differences between a system that gives people the choice for affordable care and a private for-profit system that values limiting care above everything, and opt for the former.  They don’t want government to work, and they will do everything in their power to make it malfunction.

(I do take issue with the idea that “the governor’s proposal,” which has no cap on affordability or any floor on coverage, would necessarily help needy families.)

Here are some of the key recommendations of the report:

Limiting families’ out-of-pocket costs.  Some insured families have very high health costs because they have very high copayments, deductibles, or other out-of-pocket costs.  Some of these costs are predictable (for example, if a family member has a chronic illness), but some can be unexpected (for example, as the result of an accident or unexpected illness).  Placing limits on out-of-pocket costs is as important as premium subsidies in ensuring affordable health care.

Taking into account expenses families face, such as housing and child care, when determining how much families can afford to pay for health care.  Because families face very different costs, such as housing and child care, income alone is an imprecise measure of what families can afford to spend on health care.

An average adult with private health coverage pays almost $800 a year on premiums; a family of four spends $1,800.  Poor families cannot cope, and forget about it if they actually want to USE their coverage.  We know that almost half of all bankruptcies are due to health care costs.

Californians need to send a strong message to Congress and the President to wholeheartedly support the continuation of S-CHIP.  And they need to send the message to our Legislature that we need real health care reform that allows working families to have the peace of mind of medical coverage while also being able to survive financially.

Labor, Racetracks Join Effort To Stop Tribal Gaming Compacts

As the race in California’s 37th District showed (to a certain extent), wealthy Indian tribes are no match in the electoral arena for the boots on the ground and organization provided by labor.  With this in mind, the February Presidential primary just got a whole lot more interesting:

A coalition of labor and horse racing interests announced Friday that it will ask voters to pull the plug on a huge tribal gambling expansion negotiated by Gov. Arnold Schwarzenegger.

The owner of two racetracks and the hotel workers’ union will team up on a campaign that could put four new initiatives on the February ballot and cost tens of millions of dollars. Some tribes with casinos that are not part of the expansion said they might join the effort.

The tracks and union seek to undo legislation Schwarzenegger signed into law July 10 to allow four tribes in Riverside and San Diego counties to more than double or triple the number of slot machines in their casinos.

A few points:

• Unite Here has a lot of organizational muscle and will have enough money to get out the message of how these rich tribes will be expanding their gaming operations at the expense of workers.  The Bay Meadows racetrack concern is on board because they believe this expansion will hurt their gambling business.

• This will be an EXPENSIVE referendum if it gets on the ballot.  Labor and the richer tribes can raise gobs of cash.  This will suck up all of the oxygen on initiatives as much as the alternative energy proposition did last year.  This will impact…

• The term limits initiative, which will suddenly have less of an impression on voters.  Considering that it’s written as a limiting rather than a relaxation, that may bode well for it.  But the ballot could be extremely crowded.

People are gathering signatures for 17 other measures, and backers of 11 others are waiting for the approval to begin signature-gathering to try to get their measures on a ballot next year. Those potential initiatives include measures to ban gay marriage, overhaul the state’s tax structure, ban cruelty to farm animals and curb government employee pensions.

My calculus is that the more that’s on the ballot, the less people want to support them.  And the long ballots of the past couple years have been exercises in futility.  The direct democracy bug everyone caught with the recall in 2003 has turned into a flu.

Stay tuned…

Breaking The Media Filter On The Governor

Many have remarked upon the new PPIC poll, which shows a trend downward for the Governor’s job approval.  Brian claimed that the budget impasse is to blame, and the fact that in the last couple days Schwarzenegger has urged in the media for Republicans to pass the plan suggests that’s his calculus as well.  But I’m not so sure.  Considering that the Governor’s environmental approval ratings are tracking his overall approval, I think it was the dustup over the California Air Resources Board that dragged him down in recent months.  Of the two stories, only the resignations of Robert Sawyer and Catherine Witherspoon got national attention, and it was a direct hit to the issue which Schwarzenegger is trying to use to define himself.

So let’s ask ourselves, a propos of Julia’s question about blogs and influence, how this seeped into the consciousness of the public, and what role we could play in continuing such, er, seepage.

The Air Resources Board is important and influential, but not exactly a household name.  I believe that it was Democratic lawmakers’ extreme focus on the situation, to the extent of holding hearings and threatening subpoenas, that got the press’ attention, or at least what little of it is left.  Schwarzenegger sought to quickly defuse the issue by hiring an environmental stalwart, Mary Nichols, to take over, and indeed her first major act, cracking down on diesel pollution, is a good sign.  However, that ruling does not address the implementation of the Global Warming Solutions Act, which of course is the major issue that Democrats in the Legislature were defending when they picked this fight which I believe had an impact on the Governor’s approval ratings.  We haven’t heard a lot about those subpoenas for Susan Kennedy or Dan Dunmoyer lately.  Obviously the budget battle is all-consuming right now, and the Assembly is in recess.

So there may come a time shortly to press that issue.  The Governor’s record on the environment is frankly spotty, and CARBgate actually points to his misuse of the office to push for implementation different from legislative intent.  Somehow, this got through the PR filter, and people understoof that Schwarzenegger was trying to slow-walk the global warming issue.  So how do we replicate this?  Obviously the ferocity of our electeds forced attention on the issue.  If and when the governor line-items the heck out of the budget, as appears likely, will they be just as loud?  Will that be another opportunity to fill in this image of the Governor as all talk about “post-partisanship” but in the end, a reliable supporter of corporate cronyism?  There clearly is potential here but state blogs aren’t big enough to drive it; the electeds have to get tough and call the governor out for attacking our environmental future, or programs for the poor.