All posts by Brian Leubitz

3 Strikes: It’s Back in the News, and Still as Ridiculous as Ever

( – promoted by SFBrianCL)

The story of Santos Reyes is a bizarre one.  Reyes was thrown into prison under the 3 Strikes for CHEATING ON A DMV TEST.  Yes, I meant to Yell that.  That, my friends, is a travesty of justice of the worst kind.  The case is currently being reviewed by the courts as to whether this sentence violates the 8th Amendment’s prohibition of Cruel and Unusual Punishment.

Now, I’m no lawyer (oh, wait, yes I am), but this is not a tough question.  But, you see, it’s a struggle for Arnold.  Should he involve himself? Would that piss off his base?

Could the governor’s loose lips spring a man from prison? The National Latino Congreso held in Los Angeles last week may have laid out a blueprint for how Arnold Schwarzenegger could recoup some of his lost ground with Latino voters. On Thursday, the day before the Los Angeles Times reported racially questionable comments by the governor, Congreso participants unanimously approved a resolution calling on Schwarzenegger to free a Latino prisoner imprisoned under California’s three-strikes law for cheating on a Department of Motor Vehicles exam.

The Reyes’ case has drawn the attention of anti-three-strikes activists because his supporters say it is a prime example of the law being used to give long sentences to offenders who pose no public threat.

Reyes first strike consisted of stealing a boom box out of a house in 1981 when he was 17. His second strike came five years later when he was convicted of robbery. Prosecutors said Reyes threatened someone with a roofing knife during that crime, something Reyes has denied. He then had no offenses for the next 11 years, a period in which he worked steadily, got married and fathered two children. At no time, his supporters note, did he ever actually attack anyone. (CapWeekly 9/14/2006)

For a moment, ignoring the overcrowding problem, 3 strikes is just a simple violation of human rights.  Reyes is something of a modern-day Jean Valjean with supporters such as his legal counsel Matt Gonzales, the former SF Supervisor. 

3 Strikes is just plain wrong.

2010 Already? Jack O’Connell considering run for governor’s seat

Well, you know somebody is in his last term when he starts peeking out of his current office to look for the next one.  The next one for Jack O’Connell, the very popular Superintendent of State Instruction, a run for governor.  O’Connell is quick to point out that he has supported Angelides vigorously throughout this campaign and will continue to do so as we approach November.

Between now and November, O’Connell says, he intends to do everything he can to help Angelides get elected because having him as governor “would make my job easier.”

But O’Connell, alone among all other elected officials in the state, also must deal this fall with another political concern. By winning the majority of the vote in the June primary, he was elected to his second and final term as state superintendent. For him, the inevitable next question has already arisen: What next?

I asked him that question last week, and O’Connell put other Democrats on notice: If Angelides loses in November to Republican Arnold Schwarzenegger, Jack O’Connell intends to be a candidate for governor in 2010.

“That’s where my interest is,” O’Connell told me. “There’s still a lot of things I want to do, and the best way to do them is as governor.” (Ventura Cty. Star 9/13/06)

Well, I guess you can toss his name onto an already crowded heap.  Of course, the two favorites Villaraigosa and Newsom, will be tough competition for him. However,expect one of those two to take a run at Boxer’s Senate seat when she retires in 2010.

By the way, Gale Kaufman is O’Connell’s strategist.  You know what else she’s up to? Heading up the No on 89 campaign. Oh Gale, what you’ll do for a few bucks…

California, Debra Bowen and the Maryland disaster

Maryland seems to be having a major crisis in their voting today.  Many workers didn’t show up at their assigned polling places, leaving voters outside waiting for them to open.  BradBlog has the whole story:

This morning voters in much of Maryland awoke with plans to go to the polls early and then head off to a normal day. Unfortunately when they got to their polling places they only found locked doors.

As reported by the Baltimore Sun many poll workers did not show up for work this morning and when they did they many had no idea how to operate new voting technology called “e-poll books” which are a necessary part of the voting process in Maryland and many other Diebold states. The workers were not trained to use that technology because Diebold did not provide the technology to the state until it was too late to properly train the pollworkers.
(BradBlog 9/12/06)

Where is Diebold going to be when we face the same issues? And where will Bruce McPherson be?  My guess is hiding behind Diebold’s skirt.  McPherson is the only “moderate” running down-ballot, so you can bet there will be a lot of CRaPpy cash thrown his way in the last month of the race.  Check out our ActBlue page to give to Debra’s campaign.

CA-Gov: Another Rasmussen, Arnold by 8

( – promoted by SFBrianCL)

Rasmussen has another poll out (wow, that was quick!).  As always, this will be added to the Poll HQ shortly.

In California’s competitive gubernatorial race, Republican Governor Arnold Schwarzenegger now leads Democratic challenger Phil Angelides 47% to 39% (see crosstabs). He has thus added a couple points to what had been a six-point lead in August.(Rasmussen Reports 9/12/06)

On the plus side, Arnold did lose a point from 48 to 47.  Of course, that’s all within the margin, but, well, you take positives where you can get them, right?

Arnold and JoeMentum ARE Twins!

I now offer my most sincere apologies to Jude Barry.  He was right, I was wrong.  Arnold Schwarzenegger and Joe Lieberman are in fact the Real Twins.  Now, I still disagree about the polling data from the CT-Sen race.  No, I’m talking about the sheer incompetence of the IT staff of both candidates.  We all know about the extended outage of joe2006.com, but we are now slowly learning about the incompetence of Arnold’s web people.

The wheels are constantly moving on this story about how the LA Times got Arnold’s “Latinas are HOT” frat-boy tape, but one thing is clear.  No matter how this tape was originally attained by the Times, there was some incompetence involved.  According to the California Majority Report the tape was available on a public server through the search function on the governor’s web site.  To be clear, the speech appears not to be linked from the “speech” section, but rather it was found through searches using the site search tool provided on gov.ca.gov.

As previously reported by CMR, the information was obtained on Governor Schwarzenegger’s public website. While the Governor’s page no longer allows this, users could previously search a backend directory listing that showed every file on the public server, even files not linked to the main page. The tape could have been obtained in this way, and it required neither access to “a password protected area” nor an “illegal hack.” CMR does not know who initially found the tape, but we are confident that the tape could have been acquired without breaking any laws.(CMR 9/12/06)

My first question would not be how did the Times get the tapes, but WHY DID HE SAY THESE THINGS?  Behind closed doors or not, it’s just stupid.  What value could those remarks have offered him?  But more relevant to the current discussion, is Why were these tapes posted to the internet at all, secure on not secure?  Again, what value would that tape carry to his staff.  And if his speechwriters really needed to know that he was a bigoted frat boy, which I imagine they already knew, why didn’t they just listen to the tapes offline.  Or, sent the tape through email or shared it via a flash disk.  Like the Beautiful South says, Dumb, Dumb, Dumb. So, if the governor’s staff can’t hide his bigoted tapes, that’s incompetence, not illegality.

And that’s something JoeMentum knows all about.

CA-Gov: Zogby: Arnold by 3.5

The September Zogby/WSJ Poll is now available.  It has Arnold ahead by 3.5 points. 

Schwarzenegger (R) 43.5%
Angelides(D) 40%

A quick caveat, this poll has a bit of a problem with its method of acquiring a random sample.  It typically tends to favor Dems.  However, looking at the trends, the race has tightened up, in at least a minor way, since the previous poll a month ago.  Also, Arnold is still hovering below the 50% line, dangerous territory for incumbents.

Former Gov. Deukmejian chastises Arnold for accepting contributions while signing bills

Arnold rode in on a horse of reform.  He’s riding to re-election on a horse of special interest cash.  He’s raised nearly $100 Million dollars of special interest cash to date, and now Former Gov. George Deukmejian is chastising him for taking money during the bill signing/veto period.

Gov. Arnold Schwarzenegger was not inspecting the orange crop when he slipped out of the state for a quick trip to Florida, and he wasn’t eyeing a new set of wheels when he visited with car dealers.

Nor was he parched when he bellied up to liquor dealers in Lake Tahoe, or craving a burger when he chatted with Jack-in-the-Box owners. Rather, he was gobbling up campaign money at each stop.

As legislators were approving more than 1,000 bills in August, Schwarzenegger was crossing the state, and the country, soliciting campaign cash. Now, as he decides whether to sign those bills into law or nix them with a veto, he will be cashing checks from scores of contributors whose interests intersect with legislation.
{snip}
Former Gov. George Deukmejian, a Republican and a Schwarzenegger backer who chastised Davis for raising money during bill signings, similarly criticized the current governor in an interview last week.

“Personally, I think that should be avoided because it a very sensitive time,” Deukmejian said. (LA Times 9/11/06)

Does he need the money so badly that he can’t wait until the veto period expires?  I guess so.  He just can’t resist a few special interest dollars.  So much for reforming Sacramento, huh?

John Edwards & Phil Angelides in SF Videos

Yesterday (9/9/06), John Edwards came to S.F. to talk about the California governor’s race in support of Phil Angelides.  Several other elected officials came to the event as well.  Pictured in this photo from Left to Right is Betty Yee, State Board of Equalization, Kamala Harris, S.F. D.A., Phil, John Edwards, John Garamendi, State Insurance Commissioner and Lt. Gov. candidate, and Sophie Maxwell, S.F. Supervisor. More pictures are in this Flikr photo set.  Video is on the flip.

Phil with Edwards and Others

I split the Edwards clips into 3 parts in order to upload to YouTube.  The speech was a passionate discourse on America and it’s role in the world.  Edwards is an excellent orator, and his concern over Ameican authority in the world came through well.  His remarks on poverty in America and throughout the world were especially powerful.  Phil wrapped up with a thank you to Edwards in the final video.  He also continued on making his case to be the next governor, but I was running low on battery and recording space.  Hopefully the Angelides people will have a full video soon on the Anglides blog.

And here’s Phil Angelides:

John Edwards & Phil Angelides in SF

If you’re in the Bay Area, make sure you come to this great event in the City:

What: Take Back CA Rally with John Edwards in support of the next governor of California, Phil Angelides.

When: Today: 9/9, 4:30 PM-6PM,
Where: Booker T. Washington Community Center
800 Presidio Avenue, San Francisco, CA. Google Map
I’ll be there with my fancy SF Giants cap.  Come say hi! Oh, and forward me any good pictures/video you get