All posts by David Dayen

Hey California, Get Ready For Sex Offenders Sleeping Under Bridges

California should get ready for scenes like this:

Five convicted sex offenders are living under a noisy highway bridge with the state’s grudging approval because an ordinance intended to keep predators away from children made it nearly impossible for them to find housing.

Some of them sleep on cardboard raised slightly off the ground to avoid the rats. One of the men beds down on a pallet with a blanket and pillow. Some have been there for several weeks […]

The conditions are a consequence of laws passed here and elsewhere around the country to bar sex offenders from living near schools, parks and other places children gather. Miami-Dade County’s 2005 ordinance – adopted partly in reaction to the case of a convicted sex offender who raped a 9-year-old Florida girl and buried her alive – says sex offenders must live at least 2,500 feet from schools.

“They’ve often said that some of the laws will force people to live under a bridge,” said Charles Onley, a research associate at the federally funded Center for Sex Offender Management. “This is probably the first story that I’ve seen that confirms that.”

Am I asking for sympathy for sex offenders?  Absolutely not.  But putting people into desperate situations like this only exacerbates their despair and will do nothing but lead to more crimes.

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Statistics show that it doesn’t matter where sex offenders live relative to where their sex crimes are committed.  Laws like Prop. 83 are pieces of feel-good legislation that does nothing to actually protect minors and does violate the civil rights of the perpetrators, if we care about that anymore.  And last year’s sex offender initiative, passed by the voters last year and subsequently ruled partially unconstitutional, will lead to this kind of scene in urban areas.

Everyone feel safer now?

CA-42: The Story So Far

I’m involved with Trash Dirty Gary, a netroots attempt to shine a light on the corrupt dealings of Inland Empire/Orange County Congressman Gary Miller, one of the biggest sleazebags on Capitol Hill.  I just distilled all my previous posts on Miller into one monster to get everyone up to date on what this guy’s been doing with his office.

This effort is along the lines of Say No To Pombo and Dump Doolittle, and hopefully by continuing an insistent focus on Miller and his actions we can energize support throughout the local community and spur a challenge.  Go check it out.

Grocery Workers Contract Update

Just in from the UFCW:

Last Wednesday, in the middle of negotiations and with no notice whatsoever to our union negotiators, Ralphs, Albertsons and Vons announced to the press their intention to punish their workers and customers by locking out all of their employees if a limited strike is called against any of the markets.

Despite this needless provocation and attempt to intimidate us, we are still committed to working out our differences and getting an agreement at the bargaining table. That is why we agreed to resume negotiations with the employers after a cooling-off period suggested by the federal mediator.

Ultimately, we consider the employers’ threats and intimidation a sign of desperation. They know that public opinion and momentum are on our side, and this latest move is simply a heavy-handed attempt to shift blame.

The chains used the same tactic of locking out employees during the last strike.  Pretty interesting that they appear to understand the concept of strength through unity, no?  But even more interesting is how the UFCW is counteracting this (on the flip):

The Markets: “Ralphs, Vons and Albertsons are each negotiating individual contracts with each of the seven UFCW locals — a total of 21 separate contracts.”

The Truth: UFCW is negotiating with each of the markets separately to prevent them from forming potentially illegal “mutual aid pacts” like they did in 2003, a scheme still under investigation by the California Attorney General. The claimed 21 separate meetings are unnecessary and the markets demanded this as a delaying tactic. Stater Bros. and Gelsons negotiated fair contracts with UFCW without meeting each local separately, and if they could do it, so can Albertsons, Vons and Ralphs.

We know that April 9 is the day that the contract extension runs out.  We’ll have to wait and see what transpires in this weekend’s contract talks before we know if there will be another strike.

ACTION ALERT: Cabrillo Port LNG Terminal Hearing Next Monday

It is very critical that everyone in Southern California who is interested in breathing decent air at some point in the next century attends a meeting on Monday, April 9 in Oxnard.  The details on the meeting here:

California State Lands Commission Hearing:
Monday, April 9, 2007
Location: Oxnard Performing Arts Center
800 Hobson Way, Oxnard, CA 93030
Times: 10:00am and 5:00pm

The details on why it’s so important, and what you can do no matter where you live in California, on the flip.

The largest mining company in the world, BHP Billiton, wants to build a massive LNG (liquefied natural gas) storage and processing terminal 14 miles off the coast of Malibu, at the Los Angeles/Ventura County line.  This fossil fuel terminal is not necessary; the US has plenty of natural gas reserves, and this terminal would mainly import natural gas from abroad for processing.  What this terminal would do is:

• cause 20 “Class One” impacts to air and water quality, public safety, marine wildlife, views, recreation, noise, and agriculture;

• based on U.S. Environmental Protection Agency estimates, “the Cabrillo Port project will emit over 200 tons of smog-producing pollutants (NOx and ROC) each year,” which would make it the largest smog-producing polluter in Ventura County.

• put a giant terrorist target 14 miles off the coast of Los Angeles and Ventura counties;

• be a fixture off the Pacific coast for at least the next 40 years (actually, the license has no firm expiration date, so this could be forever or until California falls into the sea, whichever comes first).

There’s much more here.

Despite the EPA draft report on the environmental impact of this terminal, the agency actually reversed its initial position and granted BHP Billiton an exemption from Clean Air Act restrictions, enabling them to continue moving forward.  At this point, all that can stop this project… is you.

The April 9 meeting in Oxnard will be one of the last opportunities for public comment on the LNG Terminal project.  Staff members of the California Coastal Commission are recommending rejecting this project, and local lawmakers are fighting to keep BHP Billiton off the coast.  But the State Lands Commission will be vital to making the decision.  There are actually two statewide elected Democrats that sit on this baord: Lt. Governor John Garamendi and State Controller John Chiang.  Based on what I’ve heard from activists, NEITHER HAS COMMITTED to blocking this proposal.  They need to be heard from.

Lt. Governor John Garamendi
(916) 445-8994

California State Controller John Chiang
(916) 445-2636

In addition, if all else fails, the Governor can show his commitment to the environment by vetoing the proposal, and you can tell him why he should at the link.

We need to mass support to get this destructive environmental hazard away from our coastline.  I’ll be attending the April 9 meeting and will have a full report.

Prison Policy No Longer Invisible

This was surprising to me: grassroots action last week protesting the Governor’s prison policy.

Busloads of protesters fighting the construction of new penitentiaries swarmed the Capitol on Wednesday, while inside the statehouse, the simmering politics surrounding the prison overcrowding crisis boiled into full view.

The protesters attacked Gov. Arnold Schwarzenegger’s plan to build 78,000 new prison and jail beds, saying that $11 billion worth of “bricks and mortar and debt” are no substitute for true reform.

Instead, the demonstrators – some dressed in orange prison jumpsuits and standing in makeshift cells – said lawmakers could quickly thin the inmate population by releasing geriatric and incapacitated convicts and by sanctioning thousands of parole violators in their communities rather than in state lockups.

I would add revising sentencing guidelines through a newly-created independent commission, but just the presence of these protesters at all suggests that this issue will not be as invisible as it has been in previous years.  Which makes sense, as we’re two months from a court-imposed deadline to do something about overcrowding.

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And good for Gloria Romero for stepping out on something that will win her no friends in the voting public, but is simply the right thing to do.

Meanwhile, political fireworks were flying over a decision by Senate Democrats to place a moratorium on bills that would lengthen criminal sentences and thereby exacerbate prison crowding.

The maneuver infuriated Republicans, but Sen. Gloria Romero (D-Los Angeles), chairwoman of the Senate Public Safety Committee, said it could not be “a business-as-usual year” in Sacramento given the overcrowding emergency.

“The Legislature bears a share of the responsibility for the crisis, and we must accept that,” Romero said. “We can’t keep having bills fly out of committee like pancakes just because we want to appear tough on crime.”

There have been over 1,000 such bills in the last 30 years.  They look good on glossy mailers and they can easily be used as a club to damage opponents.  But they have a major indirect impact on our quality of life.

And this mass incarceration is a symptom as well, a function of increasing inequality in the Bush years.  As the chasm between haves and have-nots grows, desperation leads to increased crime.  And then the imprisonment itself keeps the snowball rolling down the hill:

Imprisonment does more than reflect the divides of race and class. It deepens those divides-walling off the disadvantaged, especially unskilled black men, from the promise of American life. While violent criminals belong in jail, more than half of state and federal inmates are in for nonviolent crimes, especially selling drugs. Their long sentences deprive women of potential husbands, children of fathers, and convicts of a later chance at a decent job. Similar arguments have been made before, but Western, a Princeton sociologist, makes a quantitative case. Along the way, his revisionist account of the late 1990s detracts from its reputation as an era of good news for the poor…

The 1990s were said to be a time when rising tides finally did lift all boats. Western warns that part of the reason, statistically speaking, is that many poor men have been thrown overboard-the government omits prisoners when calculating unemployment and poverty rates. Add them in, as Western does, and joblessness swells. For young black men it grows by more than a third. For young black dropouts, the jobless rate leaps from 41 percent to 65 percent. “Only by counting the penal population do we see that fully two out of three young black male dropouts were not working at the height of the 1990s economic expansion,” Western warns. Count inmates and you also erase three quarters of the apparent progress in closing the wage gap between blacks and whites.

The increased recidivism rate and the drive to incarcerate more and more for longer and longer walls off opportunity to families on the wrong side of the race and class divide.  Prison policy is job policy, poverty policy, family policy, education policy, and so on.  It took a massive crisis to get anyone to focus on it, but I hope that in the future, we can understand it in these terms.

Go Home, Matthew Dowd, You’ve Hurt This Country Enough

One of the big stories on the blogs this weekend was this mea culpa by Matthew Dowd, a former Bush-Cheney campaign strategist in 2000 and 2004.  In the article, Dowd details his loss of faith in the President and his disappointment with the policies he helped put into place.

Of course, you need only look at who Dowd decided to campaign for next to see this story for what it is.  On the flip…

In a wide-ranging interview here, Mr. Dowd called for a withdrawal from Iraq and expressed his disappointment in Mr. Bush’s leadership.

He criticized the president as failing to call the nation to a shared sense of sacrifice at a time of war, failing to reach across the political divide to build consensus and ignoring the will of the people on Iraq. He said he believed the president had not moved aggressively enough to hold anyone accountable for the abuses at Abu Ghraib prison in Iraq, and that Mr. Bush still approached governing with a “my way or the highway” mentality reinforced by a shrinking circle of trusted aides.

“I really like him, which is probably why I’m so disappointed in things,” he said. He added, “I think he’s become more, in my view, secluded and bubbled in.”

This is perceived as noble, as Dowd going public with his criticisms of Bush is a kind of apology for helping him get elected; he calls it “karma.”

So, what has Matthew Dowd been doing since 2004, to set right his cosmic imbalance and help move the country on a better path?  After all, in the article he claims that he was starting to have his own doubts about the President even during the election.  And then after Hurricane Katrina, and Bush’s refusal to meet with Cindy Sheehan, Dowd’s disappointment reached its apex.  So surely he would move in his professional life to right his personal wrongs by standing up for honest, principled, forthright leadership.  Right?

Mr. Dowd spent 2006 in the Arnold Schwarzenegger for Governor campaign.  During which time:

• Schwarzenegger campaigned in a series of staged town-hall meetings and closed-door sessions, just like the President, including closing the campaign to certain reporters while giving briefings to those newspapers whose owners gave him campaign money…

• Spent the entire campaign lying about his opponent’s record on taxes, claiming that he would raise them by $18 billion when the truth was nothing of the sort…

• During the election, he used executive orders to weaken the landmark global warming law, no different than a Presidential signing statement, a move which prompted the Democratic legislature to force Arnold to stop talking about what a great job he’s doing on the environment and start actually doing something…

• Schwarzenegger refused to give the details of his health-care plan until after the election, forcing voters to decide blind on what he actually would do on his signature issue if elected (sound like the Social Security plan of 2005?)…

• The campaign accused Phil Angelides and his team of “hacking” into a secure Schwarzenegger database to “steal” audio of Arnold talking about his fellow lawmakers.  At the time, this rocked the Angelides campaign on its heels and really ended the race, even though a later report determined it was a complete lie, that this “hacking” consisted of erasing the end of the URL to find the parent directory, and that the Schwarzenegger camp knew there was no wrongdoing here.  It’s akin to a Rovian tactic of bugging one’s own office and blaming it on the opponent.

• Arnold paid staff members massive bonuses for doing political work on the campaign, money that comes from the taxpayers and not his campaign accounts, and then raised all their salaries while trying to stop automatic pay raises for working-class state employees…

• To add even more cronyism, Arnold just received half a million dollars in his after-school charity fund from AT&T, after signing a law that would allow them to roll out their own TV service throughout the state.  And then we just learned that Arnold hired his personal dentist and chiropractor to sit on state boards, even though they are completely unqualified for the position and have meddled in state legislation despite conflicts of interest.

This is the guy to whom Matthew Dowd turned to try to restore confidence in government.  Someone who campaigned in secret, used executive orders to govern, promoted his friends to top positions and stoked them with taxpayer dollars, and used a dirty trick to finish off the campaign.

So spare me the “come to Jesus” act.  Matthew Dowd is just another lover of authoritarians who’s lingering legacy will be the ruthlessness with which he brought them into the lives of all Americans, to damage this great country.

Nuñez Drops $4 Million on Sweet AT&T Home Entertainment Center

In preparation for his upcoming appearance on MTV’s Cribs, California Assembly Speaker Fabian Nunez has constructed perhaps the most state-of-the-art home entertainment system that anyone has ever seen, using equipment exclusive to AT&T and costing a whopping $4 million dollars – in fact, exactly $4 million dollars, to the penny.  Nuñez reportedly paid with a co-signed check.

“This system’s got it all,” said an ebullient Nuñez while introducing the system to reporters at his downtown LA condo.  “There’s complete wireless Internet throughout the place, unlimited long distance and cellular service through Cingular, an iPhone, IP television through AT&T U-verse (just OK’d by the state Public Utilities Commission), and we even threw a cell tower on the roof so we’d never drop a signal.”  AT&T doesn’t currently make computers or television monitors or what Nuñez described as “kickass” speakers, but they made a special dispensation for the Speaker, creating limited-edition electronics and hiring some of the best engineers from Sony and Toshiba to do it.

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Amazingly, the bill for this service came to precisely $4,000,000.00, coincidentally the same cost that the California Democratic Party refunded to Nuñez last fall after the 2006 elections.  AT&T spokesman Donald Ralston denied that this home entertainment system was simply the final piece of some secret deal made between the company, Nuñez and the Party.  “Hey, if I had a spare $4 million lying around, I’d get myself this same deal,” Ralston said.  “You can get Internet in the bathroom.  Did you hear me?  The bathroom!”

The home entertainment center may prove an asset in the upcoming statewide initiative over relaxing term limits for state legislators.  Nuñez plans to offer voters free nights in his “tricked-out” Web-enabled condo, so they can obtain more information on the term limits battle and why state lawmakers need the wisdom of experience to negotiate the difficult straits of Sacramento.  He also is using the AT&T deal itself as a selling point.  “Do you think some rookie lawmaker could get himself this kind of setup?  Did the spokesman tell you that you can get Internet in the BATHROOM???”

Other amenities in the condo include a Web-based kitchen with cooking timers and automated appliances “like the Jetsons,” in Nuñez’ words.  The bathroom reportedly is also Internet-enabled.  A text message from Nuñez’ iPhone can also unlock the front door.

Fellow lawmakers in the Assembly have offered tepid but mildly jealous support, although Minority Leader Mike Villines claimed that the living room blinds with a giant representation of the AT&T logo on them was “a bit much.”

Karl Rove Is Afraid of You

(All fixed! Help the two campaigns before the Saturday deadline. – promoted by Brian Leubitz)

You may have seen the hysterical House hearing today with the head of the General Services Administration over their using federal property and taxpayer dollars for partisan campaign activities.  If you haven’t, here it is.

This is a scandal.  But one interesting aspect is that the Republican playbook has been cracked open; we can now plainly see what Republicans Karl Rove believes need defending in 2008.  And guess who pops up on the defense list?  John Doolittle.  And who’s on the “2008 House Target” list? Jerry McNerney.

This isn’t us at Calitics talking here, this is “the Architect.”  The one who has the “real math.”  And the one who’s going to marshal vast resources against Jerry McNerney and Charlie Brown in 2008.  The funding deadline is Saturday.  You know what to do.

Jerry McNerney (CA-11) $
Charlie Brown (CA-04) $



Even More Doolittle/Mitchell Wade/Brent Wilkes/US Attorney News

Josh Marshall delivers some knowledge about Mitchell Wade, a defense contractor and Duke Cunningham briber whose first contract in government was to screen the President’s mail for anthrax, despite having no real expertise in that arena.

This is a known briber receiving a sweetheart contract from the Executive Office of the President.  And who’s in the middle of it?  John Doolittle and his wife.  Mitchell Wade and Brent Wilkes worked closely together to bribe or otherwise give recompense to Duke Cunningham in exchange for contracts.  They appear to have done something similar with Doolittle.

flip it…

Julie Doolittle was working at (Ed) Buckham’s offices in 2002 when Buckham introduced Brent Wilkes to her husband. Federal contracts for his flagship company, ADCS Inc., were drying up, partly because the Pentagon had been telling Congress it had little need for the company’s document-scanning technology. So Wilkes was trying to get funding for two new businesses.

One was tied to the 2002 anthrax scare, when tainted letters were sent to Capitol Hill. Wilkes’ idea was to have all Capitol Hill mail rerouted to a site in the Midwest, where ADCS employees wearing protective suits would scan it into computers and then e-mail it back to Washington.

He called his proposed solution MailSafe – similar to the names of several anti-anthrax companies launched at that time – and began vying for federal contracts, even though the company had little to its name other than a rudimentary Web site.

The House Administration Committee, on which Doolittle sat, oversees the congressional mail system. Doolittle told his colleagues about MailSafe and introduced them to Wilkes, but the project never got off the ground.

The project failed in the House Administration Committee but succeeded in the White House.  The question is, did Doolittle have a role in introducing executive staffers to Wade and Wilkes?  Did he receive any financial reward?

And the larger question, of course, is the fact that there are documented instances of Doolittle receiving money in contributions from Brent Wilkes, if not Wade.  When Carol Lam opened her investigation into Wilkes and Dusty Foggo in May 2006, Doolittle was clearly likely to be implicated in that chain if the matter was investigated closely enough.  And right at that time, the Justice Department made a deal to deny Lam resources and keep her on “a short leash.”  While she was able to indict Wilkes and Foggo, the investigation never went any further, and Lam was fired.

Two weeks after then-U.S. Attorney Carol Lam ordered a raid on the home and offices of a former CIA official last year – a search prompted by her investigation of now-imprisoned former Rep. Randy “Duke” Cunningham – higher-ups at the Justice Department privately questioned whether they should give her more money and manpower.

“There are good reasons not to provide extensive resources to (Lam),” Bill Mercer, acting associate attorney general, wrote to Kyle Sampson, who was chief of staff to Attorney General Alberto Gonzales until he resigned a couple of weeks ago […]

The day after this Mercer missive, Sampson directed Mercer in an e-mail to have a “heart-to-heart” with Lam about “the urgent need to improve immigration enforcement in San Diego.”

“Put her on a very short leash,” Sampson wrote. “If she balks – or otherwise does not perform in a measurable way by July 15, remove her.”

A month later, Justice Department higher-ups were referring to Lam derisively, saying she “can’t meet a deadline” that her production was “hideous” and that she was “sad.”

Five months later, Lam was told she was being fired.

There’s good reason to believe that the resources were withheld somewhat deliberately, to make a plausible case that Lam couldn’t handle her immigration workload.  This is nonsense, and Paul Kiel does an excellent job of calling it nonsense.  The truth is that immigration was a red herring; Lam was fired because of her investigations, which (if unchecked) would lead not only into the FBI but into the Executive Office of the President himself, and which would have picked up a lot of Congressional flotsam along the way.

And one of the chief pieces of flotsam was John Doolittle.  He has disqualified himself for any future holding of public office.  We need to continue to drain this swamp of corrupt sleazebags who view government as their own personal feedbag.  Charlie Brown is a man of extreme integrity who would restore honor to that seat in Congress.  He deserves our support.

 

 

 

 

 

 

 

 

 

 

Jerry McNerney (CA-11) $
Charlie Brown (CA-04) $
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The US Attorney Scandal, Jack Abramoff, and John Doolittle

(I fixed the ActBlue form and added the YouTube video. You’ll also see buttons to set up monthly contributions to the Calitics ActBlue recipients. Let me know if you have any questions. – promoted by Brian Leubitz)

The US Attorney scandal has gobbled up a lot of the headlines recently, but its origin can be traced back five years, well before the firing of 8 federal prosecutors for suspicious reasons in December 2006. 

Actually, we have to go back to the island nation of Guam, a well-connected DC lobbyist who’s now sitting in a jail cell, and a certain Congressman from Roseville.

Jerry McNerney (CA-11) $
Charlie Brown (CA-04) $



Jack Abramoff made a cool seven million dollars from contracts with the Commonwealth of the Northern Marianas Islands.  His duties were essentially to shield the American protectorate from all US labor laws, while retaining the ability to place a “Made in the USA” label on any of their products.  This successful lobbying effort allowed the CNMI to create sweatshops where sexual slavery, child labor and forced abortions were part of the landscape.  And the greatest ally to Jack Abramoff in Congress on this issue was John Doolitte (CA-04), called a “hero for the CNMI” in internal emails between Abramoff and the CNMI government.

Abramoff’s success in stopping all efforts to reform the labor situation in the CNMI caught the notice of other Pacific island protectorates.  He soon got a job lobbying for Guam, and sought to lobby against a court reform bill which would weaken the authority of the Guam Superior Court.  The Superior Court hired Abramoff, unusual in itself, and paid him in a series of laundered $9,000 checks funneled through a Laguna Beach lawyer.  Abramoff was trying to hide his involvement lobbying for the Superior Court while seeking to torpedo the bill that would impact them.

Now, Guam had a federal prosecutor, named Fred Black, and he saw this business and opened a grand jury investigation.  At precisely that time, he was fired.

A US grand jury in Guam opened an investigation of controversial lobbyist Jack Abramoff more than two years ago, but President Bush removed the supervising federal prosecutor, and the probe ended soon after […]

(Abramoff’s financial) transactions were the target of a grand jury subpoena issued Nov. 18, 2002, according to the subpoena. It demanded that Anthony Sanchez, administrative director of the Guam Superior Court, turn over all records involving the lobbying contract, including bills and payments.

A day later, the chief prosecutor, US Attorney Frederick A. Black, who had launched the investigation, was demoted. A White House news release announced that Bush was replacing Black.
The timing caught some by surprise. Despite his officially temporary status as the acting US attorney, Black had held the assignment for more than a decade.

Black was looking into other official corruption on the island as well, so it was sensible that Abramoff would want him out of the picture.

This connection to the current scandal, a clear case of firing a federal prosecutor to shield Republicans from corruption investigations, has caught the notice of the Congress. 

Two House committee chairmen yesterday asked that the congressional probe into the firing of eight U.S. Attorneys be widened to include the case of acting U.S. Attorney Fred Black who was replaced in 2002 after he began investigating the now-convicted lobbyist Jack Abramoff and his dealings with Guam and the Commonwealth of the Northern Mariana Islands.

California Congressman George Miller, the Education and Labor Committee chairman, and West Virginia Congressman Nick Rahall, the Natural Resources Committee chairman, have repeatedly pressed for a full investigation of Abramoff’s dealings with the CNMI and its sweatshop industry and of the replacement of Fred Black, the then-acting U.S. Attorney for Guam and the CNMI.

Nobody in the Congress today was closer to Jack Abramoff when all of this was going on than John Doolittle.  He received hundreds of thousands of dollars in campaign contributions from Abramoff.  He knew exactly what Abramoff was doing in the various Pacific protectorates, and in fact he supported it with his votes.  He enabled the kind of politicization of the cause of justice that we see today.

Fortunately, we have a choice in Congress.  Charlie Brown needs your support at the end of the first quarter.  Please consider making a contribution.

P.S. Yeah, and Jerry McNerney too.  He just announced through email that he WON John Kerry’s “March Madness” competition, and will receive funding from the Senator.