My member of Congress, Loretta Sanchez (D-Garden Grove), did something pretty amazing yesterday. She voted against four additional months of funding for Bush’s failed war in Iraq. She actually stood up and voted against keeping our brave troops in the middle of someone else’s civil war for any longer. Loretta did the right thing, and as a constituent I am proud.

Now unfortunately, she was not in the majority. The Republicans were nearly unanimous in voting to continue George W. Bush’s failed war. In the House, they were able to pull away enough Democrats to succeed in passing a bill that gives Bush four more months of carte blanche. That was enough to send the bill to the Senate, where it passed with bipartisan support.

This is a bittersweet moment for me. I am proud that my Congresswoman did the right thing yesterday. I am proud that the vast majority of California Democrats did the right thing in the House yesterday. I am proud that Senator Barbara Boxer was one of fourteen in the Senate to do thr right thing. However, I am NOT proud that Congressional Republicans would not budge in allowing Democrats to override Bush’s veto of legislation that would have actually put an end to this ridiculous war. They enabled Bush to succeed yesterday in temporarily thwarting the will of the American people.

Even though I am proud of what my Congresswoman did yesterday in listening to what the wishes of Orange County voters and the will of American voters, I am ashamed that most of Congress would not listen.

(After the flip for more…)

Now this is not the first time when Loretta Sanchez has demonstrated real courage on the House floor. She voted against the “PATRIOT” Act that has done nothing to secure this country, and everything to destroy our Constitutional rights. She voted against authorizing that invasion of Iraq that Bush so wanted. She voted against the “Partial Birth Abortion” Ban Act that did nothing to save lives, and only succeeded in destroying women’s reproductive rights. She voted against the “PATRIOT” Act again when it came up for reauthorization in 2005. She voted against a “Secure Fence” Act that did nothing to solve our immigration problem. And last fall, she voted against the Military Commissions Act that allowed Bush to completely disregard the Constitution. When others took the easy way out, Loretta Sanchez stood up and made the tough choices. She voted her conscience, and voted for what’s best for this district and this nation.

“I speak Spanish very well and (the letter) was offensive,” she said. “And it was offesnive and intimidating to many voters who talked to our office.”

She also said the law seemed to by on Nguyen’s side — for better or worse.

“If you read the state and federal laws, it’s very difficult to get a conviction. The laws are vague,” she said.

That was my fabulous Congresswoman, Loretta Sanchez, speaking to OC Register reporter Martin Wisckol about Attorney General Jerry Brown’s decision NOT to pursue criminal charges against Tan Nguyen for intimidating over 14,000 LEGALLY registered voters. Now maybe it really is quite difficult to get a conviction for a charge like this, but it shouldn’t be impossible. Chris Prevatt took another look at state election law at The Liberal OC, and he arrived at quite an interesting conclusion.

Follow me after the flip to see the law for yourself, and decide whether Jerry Brown really wants to enforce the law here…

Here’s what Chris dug up at The Liberal OC:

18540.  (a) Every person who makes use of or threatens to make use of any force, violence, or tactic of coercion or intimidation, to
induce or compel any other person to vote or refrain from voting at
any election or to vote or refrain from voting for any particular
person or measure at any election, or because any person voted or
refrained from voting at any election or voted or refrained from
voting for any particular person or measure at any election is guilty
of a felony punishable by imprisonment in the state prison for 16
months or two or three years.

  (b) Every person who hires or arranges for any other person to
make use of or threaten to make use of any force, violence, or tactic
of coercion or intimidation, to induce or compel any other person to
vote or refrain from voting at any election or to vote or refrain
from voting for any particular person or measure at any election, or
because any person voted or refrained from voting at any election or
voted or refrained from voting for any particular person or measure
at any election is guilty of a felony punishable by imprisonment in
the state prison for 16 months or two or three years.

18543.  (a) Every person who knowingly challenges a person’s right
to vote without probable cause or on fraudulent or spurious grounds,
or who engages in mass, indiscriminate, and groundless challenging of
voters solely for the purpose of preventing voters from voting or to
delay the process of voting, or who fraudulently advises any person
that he or she is not eligible to vote or is not registered to vote
when in fact that person is eligible or is registered, or who
violates Section 14240, is punishable by imprisonment in the county
jail for not more than 12 months or in the state prison.

  (b) Every person who conspires to violate subdivision (a) is
guilty of a felony.

OK, the law seems quite clear. This letter clearly violates state law. So why didn’t Jerry Brown take this case to court, and at least try to achieve justice for all the voters in Orange County who were nearly scared away from the polls by Tan Nguyen?

I have to concur with Chris here:

We all know that the letters went to 14,000 legally registered voters.  As registered voters these individuals are entitled to the right to vote, without intimidation or obstruction by anyone.  The only way a voter may be challenged is if an  elections official has specific and compelling evidence that the voter is not eligible to vote.  Elections officials are the only people who may directly intervene to stop someone from voting illegally.

I’ve got ju[s]t one question for AG Moon Beam and his Senior Assistan[t] AG in San Diego; How on earth can you conclude that section 18543 was not violated when eligible voters were challeneged without probable cause, by a mass and indiscriminate mailing to legally registered voters?  I cannot find anything in the code that talks about “intent.”  It is that act of intimidation that is the crime.  From what I can see, intent is nothing more than icing on the cake.

I just don’t get their reasoning here.

Neither do I, Chris. Neither do I.

“The right to vote is fully protected under the XV Amendment of the US constitution. Anybody that uses any intimidation tactics should be prosecuted with the full power of the law. When Mr. Nguyen or anybody else uses the printing materials such as letterhead of an anti-immigrant organization it shows intent to intimidate. How more clear can it be? I feel disappointed that it was LULAC that had to call the State Attorney General’s office to find out the results of the investigations rather than the AG call us. When I spoke with Mr. Schons he said that the case was closed back in February, they really dropped the ball. We are going to ask the US Attorney General to fully investigate this issue.”

That was Orange County LULAC President Benny Diaz, speaking to The Liberal OC about how he found out that Jerry Brown would not be pursuing a case against Tan Nguyen for illegally intimidating over 14,000 legal voters. So why didn’t Jerry Brown follow through on the case that Bill Lockyer was trying to make? And what do the people in Orange County who had the misfortune of having front-row seats to the Tan Nguyen debacle have to say about what happened yesterday?

Follow me after the flip for more…

Here are a couple more comments from The Liberal OC on Tan Nguyen and Jerry Brown’s decision not to prosecute him t the fullest extent of state law:

While Tan Nguyen is clearly not out of the woods yet, given the federal voting rights investigation that is still ongoing, he has clearly gotten a pass from Attorney General Moon Beam.

Frank Barbaro, Chairman of the Democratic Party of Orange County commented tonight saying;

“This is a classic case of wrong without remedy. Everybody agrees that what Tan Nguyen did was very wrong, and was done with the intent to discourage people from voting.”

Democratic Party of Orange County Vice-Chair Rima Nashashibi, who is an American-Palestinian born in Jerusalem, was a bit more blunt;

“The letters were offensive, to me and they were offensive to the legally registered voters who received them. At the time Tan Nguyen’s involvement in this attack on the voting rights of U.S. citizens was revealed, both Democrat and Republican leaders condemned his actions. Despite the decision of the State Attorney General on this matter, I hope GOP Chairman Scott Baugh will continue to stand by his repudiation of Tan Nguyen’s acts of voter intimidation.”

Tan Nguyen has never apologized for his actions and he needs to be held accountable. Hopefully, this will occur at the federal level. Only time will tell. Tick-tock, tick-tock.

Yes, Tan Nguyen should be held accountable for sending this letter to over 14,000 legally registered voters in Central Orange County. So why didn’t Jerry Brown do that? Why didn’t he pursue a case against Tan Nguyen? Why didn’t he stand up for Californians’ right to vote… And NOT be intimidated away from doing so?

I really don;t like speculating about these matters. That’s why I’d like an answer from our Attorney General. Why didn’t he do his job of prosecuting those (like Tan Nguyen) who commit crimes against innocent people (like scaring them away from the polls)? Why, Jerry? Why?

Here’s a new angle to being “soft on crime”… Why didn’t Attorney General Jerry Brown file suit against Tan Nguyen for intimidating legal Latino voters? Claudio Gallegos lets it rip at Orange Juice:

The California Attorney General’s office announced today that Tan Nguyen will not face charges in the fraudulent letter he sent out to disenfranchise Latino voters. Former Attorney General Bill Lockyer quickly moved into action to ensure Nguyen was held accountable. Unfortunately he did not have enough time in his term left. Democrat(although I am hesitant to call him that at this point) Jerry Brown took over as Attorney General. His spokesman Gary Schons is quoted as saying

“We had to prove that they intended to intimidate lawfully registered voters. We found no evidence that they intended to intimidate lawfully registered voters. In fact, the first line of the letter said, ‘If you’re a lawfully registered voter, we encourage you to vote.’ A lot of people missed that.”

No kidding a lot of people missed it Mr. Schons, it was meant to be missed. Even Republicans were calling for his head.

So is there something that Jerry Brown missed here? Follow me after the flip for more…

Here’s the rest of what Claudio has to say at Orange Juice:

If there was no criminal intent, please explain why Tan did the following actions:

1) Use a fake letterhead of an anti-immigrant organization instead of his own campaign letterhead?

2) Why did they use a fake name at the end of the letter?

3) Why was Tan refusing to answer the simplest of questions regarding this letter?

4) Why did Tan Nguyen’s story change about 10 times?

The intent was clear, to intimidate Latino voters and stay covert. Pure and simple. In the 2006 election I voted for the Green Party candidate for Attorney General because I felt Rocky Delgadillo should have been our nominee and dinosaurs like Jerry Brown need to move aside for our generation. Thanks for confirming I made the right vote. And I will continue to vote Green whenever Jerry Brown is on the ballot.

Tan Nguyen was the most obviously guilty man since OJ Simpson, yet he will walk away unpunished. Let this be a lesson to you all, include some obscure hidden sentence in a letter, intimidate and disenfranchise voters and you will not be held responsible for your actions. Thanks alot Jerry, I see your softness on crime extends to those who seek to disenfranchise minorities’ right to vote.

Well, it hurts me to say this… But perhaps, Claudio and blogswarm are right here. Jerry Brown really failed all of us in Orange County who were hoping for some real actions against the illegal voter intimidation antics used by Tan Nguyen in his despicable “campaign” against my fabulous Congresswoman, Loretta Sanchez. Now why he couldn’t he stand up for all of us voters in Orange County? And for that matter, why can’t he stand up for all the voters in this state who should NEVER be intimidated in the way that those 14,000+ legal voters were?

Maybe Jerry Brown shouldn’t have been our choice for Attorney General if he wasn’t really interested in doing his job.

Remember Tan Nguyen? Yes, that Tan Nguyen! Well, he’s now legally free and clear… Or at least, he is on the state end. Here’s what the AP has just learned (via OC Register):

The state Attorney General’s Office said today that it will not file criminal charges against a former congressional candidate whose campaign mailed letters warning immigrants against voting.

Tan Nguyen, a Vietnamese immigrant, was trying to unseat Democratic Rep. Loretta Sanchez last year when his campaign sent out 14,000 letters to Hispanic immigrants claiming they could be deported or jailed for voting. The controversy erupted just three weeks before the Nov. 2 election. […]

But they could find no criminal intent, Senior Assistant Attorney General Gary Schons told The Associated Press in a telephone interview.

“We had to prove that they intended to intimidate lawfully registered voters. We found no evidence that they intended to intimidate lawfully registered voters. In fact, the first line of the letter said, ‘If you’re a lawfully registered voter, we encourage you to vote.’ A lot of people missed that,” Schons said.

So does this mean that the man behind the infamous “Immigrants Can’t Vote” intimidation letter is off scott free? Not exactly. Follow me after the flip for more…

So does this mean that Tan Nguyen is finally free of all legal troubles? Not quite. The US Justice Department is still investigating him. Here’s the latest from Total Buzz:

In the previous item here, I said that former congressional candidate Tan Nguyen has been cleared by the state attorney general. However, I just got word from Cynthia Magnuson at the U.S. Department of Justice that their voting rights section is continuing to investigate the matter.

That was good news to Los Amigos’ Amin David, among those who decried the Nguyen tactic.

“We’re hoping (the Justice Department) sees through to the intent,” David said.

“We were quite upset about that letter,” David said. “It did indeed have a streak of meanness, of intimidation. The intent was very clearly to keep people from voting.”

Well, that letter really did read like it was meant to scare voters away from their legal right to vote. And clearly, Tan Nguyen was associating himself with the types of anti-immigrant extremists who would like nothing more than to see thousands of legal Latino voters disenfranchised. There’s probably still a case against Tan Nguyen to be made.

I guess we’ll see whether or not the feds find enough evidence to make one.

It’s a classic “I’m just…” defense. In this case, Loretta claims she’s “just” ensuring the completion of the 241 tollroad will comply with state law — pointing to the nominal purpose of the amendment while refusing to admit to its real purpose. But that’s a red herring.

The intent of the Davis amendment is obvious. Davis carried this amendment at the behest of the Surfrider Foundation. Surfrider doesn’t want to ensure the 241 completion complies with state law — they want to ensure it is never completed. Period. That’s the purpose of the Davis amendment, and Sanchez is lying if she claims not to know that.

Tell us lies, Matt/Jubal. Keep telling us sweet little lies.

My fabulous Congresswoman actually took time to write a reasoned response to the crazed rant on The OC Register’s editorial page against her vote to ensure that TCA obeys state law as they extend the 241 Toll Road, and this is how Red County/OC Blog treats her. How much more shameless and despicable can they get over there?

Follow me after the flip as I work my way through the right-wing distortions to get to the TRUTH of this matter…

Here’s what Loretta Sanchez has to say for her own action:

I have not taken a position against the toll road […] In fact, I have been supportive of other similar construction projects, such as the 73, which has been of benefit to county residents and was built with sensitivity to environmental concerns.

What concerns me is that the SR241 be constructed with the same care and attention as these other projects. As the law stands now, it permits the “recipient of the easement to construct, operate and maintain [the highway], notwithstanding any provision of state law to the contrary.” If the Davis amendment is adopted it means that the impact on the environment will be fully reviewed, and labor will be paid according to prevailing wage law.

I have been told that those involved with the construction of SR241 have observed every state law that applies. If that is the case, then the Davis amendment will have no effect. There is a concern that future state laws will prevent construction of the road for one reason or the other. I share that concern. I remain vigilant so that Orange County can determine which roads are built in our community. Our democratic process will lead to the best solution.

There. Wasn’t that simple. Here’s an explanation of Loretta Sanchez’s position on the toll road, directly from Loretta Sanchez.

Loretta supports extending the 241, along with me and many other progressives in Orange County. We just don’t want state law to be violated, just so that TCA can build the road through an ecologically sensitive state park. If TCA’s proposed route through San Onofre is truly as legal and environmentally sensitive as they claim it to be, then they should have no problem. However, we know that this road would destroy the great waves of Trestles, along with the habitat of SEVEN ENDANGERED SPECIES. Sorry, but I don’t call that “environmentally sensitive”, and I definitely don’t see how this complies with state environmental laws. Maybe that’s why TCA is so afraid of having to comply with the law.

There are other options for the toll road. How about extending the 241 to the 5/73 Interchange in Laguna Niguel, wher it would actually take people where they want to go? And again, how about a completely comprehensive strategy to relieve traffic in South Orange County? How about expanding commuter rail service here? How about better bus service? Light rail? More live/work communities?

That’s all we’re asking for here. Can TCA please comply with the law, and come up with a toll road extension that doesn’t violate state law? And can OCTA work with TCA on developing a comprehensive plan to relieve South County traffic? We’ve had enough lies, distortions, and complete lunacy. It’s time for some hard truth, and for some real solutions to Orange County traffic.

Mr. Republican Insider and his GOP insider friends can trash my fabulous Congresswoman all they want, but they won’t ever take Loretta down. I just love Loretta Sanchez too much to ever see her being maliciously attacked by these jerks.

See the extended.

She knows what’s best for Orange County, and for her constituents. They don’t. It’s really that simple. Here’s the always fabulous Chris Prevatt from The Liberal OC:

CA-47 Congresswoman Loretta Sanchez has taken a few hits this past week for her support of Congresswoman Susan Davis’ efforts to save the San Onofre State Park from bisection by the 241 toll road extension that has other routes it can follow.

Andrew Davey, over at Calitics, has a post today lauding Sanchez for her efforts. There is a myth out there that somehow her stance will cost her support from organized labor, thus allowing a Republican (Van Tran) to take the seat.

Oh, we love you too, Chris! The Liberal OC is THE BEST LOCAL BLOG in California! But anyways, back to Loretta:

To our friends over at Red County/OCBlog a word of advice…

Don’t hold your breath! The Democrats and organized labor will never let the likes of anti-worker, anti-environment Van Tran skate to victory in the 47th.

I’ve said it before, and I’ll say it again: LORETTA IS OUR CHAMPION! She is doing what’s right for our community, and she won’t let a bunch of right-wing bullies pressure her into doing otherwise. That’s why we’ll always love Loretta! : )

(Am I lucky to have her as my Congresswoman, or am I just blessed that I have such great representation in Washington? : ) – promoted by atdleft)

I just love my fabulous member of Congress. Loretta Sanchez has always done a great job for all of us in Central Orange County, really taking into account what’s best for our communities. And yes, she did this again in voting to hold TCA to our state environmental laws as it considers its plans to extend the 241 Toll Road. San Onofre State Park is one of the top five most visited state parks in California, and its beaches are among the few unspoiled beaches left in Southern California. People here love this beach, and Loretta Sanchez made the right choice in deciding to save Trestles by requiring TCA to simply comply with the law.

However, our favorite Mr. Republican Insider at Red County/OC Blog is whining because Loretta did not capitulate to TCA and its convoluted fantasy of a toll road to nowhere. But that’s OK. He’s not Loretta’s constituent… WE ARE in Central OC! And yes, we do care about the natural resources in our area.

Follow me after the flip for more on why Loretta really did vote for what’s best for Orange County this week…

Loretta has always been great on environmental issues. Last year, she received a PERFECT 100% SCORE from the League of Conservation Voters. She knows that people here in Central Orange County care about the quality of air that their families breathe, the quality of the water that their families drink, and the nice open spaces where they and their families can retreat to when they just want to escape the busy city life. San Onofre State Park offers a good retreat, with its pristine beaches and pleasant campgrounds.

Yet Republican insiders and consultants, like the creepy critters at Red County/OC Blog, mistakenly think that we urban voters in Orange County don’t care about our natural resources and our quality of life. They think that if they dangle “JOBS!” and “TRAFFIC RELIEF!” in front of our faces, that we’ll take their deadly bait. However, they are firmly mistaken.

We know that extending the 241 to Trestles would do nothing for traffic. We know that this project would violate the state laws that protect our precious coastline from precisely these types of idiotic attempts to destroy our natural resources for short-term profit. And yes, we know that we don’t have to sacrifice the environment in order to create more jobs. Basically, we’re not the complete idiots that these Republican consultants make us out to be!

So yes, Loretta did the right thing this week. She voted to ensure that TCA follow the full letter of the law. If TCA wants to extend the 241, then they should do it legally by NOT TRESPASSING INTO A STATE PARK! Trestles is just too precious of a place to be discarded in favor of an imbecilic toll road that does nothing to relieve Orange County traffic, and I am glad that Loretta will not allow for state law to be violated in order for this short-sighted and utterly ludicrous Toll Road to Trestles to be built.

And for that, Loretta Sanchez truly is the people’s environmental champion! : )

(Btw, kudos to The Liberal OC for getting my attention on this matter yesterday. : ) – promoted by atdleft)

This just in from Brian Joseph of The OC Register, blogging at Total Buzz:

Orange County Sens. Lou Correa and Tom Harman ignited fireworks in Senate chambers this morning when they objected to the introduction of a delegation from the Vietnamese government.

The senators said it was inappropriate to welcome representatives of an oppressive regime that had caused so much pain for Vietnamese residents of Orange County. Ceremonial introductions like that are infrequently challenged.
“I don’t believe this is necessary,” Correa said.

So why were Vietnamese government officials allowed into our state capitol? Why would officals from an extremely oppressive regime be allowed into OUR HALLS of government? And why would anyone want to respect a regime that has absolutely no respect for its own people?

Follow me after the flip for more on what the heck happened at the Capitol yesterday…

So how the heck was this allowed to happen? Well, unfortunately another State Senator made the mistake of inviting these Vietnamese government officials to Sacramento:

The senator who brought the delegation, Leland Yee, D-San Francisco/San Mateo, defended the action by saying the delegates are here “to learn about our Democracy.”

Oh, really?! So the Vietnamese government really wanted to “learn about democracy”? Well, maybe Leland Yee should talk to my member of Congress, who recently returned from Vietnam. Apparently, the Vietnamese government is so interested in “learning about democracy” that they won’t even let their own people exercise it… Heck, they wouldn’t even let them meet with Loretta Sanchez!

So why should we give this government any type of “welcome”? And why are they so interested in “learning about democracy” here when they don’t allow their own people to practice any? Maybe if the Vietnamese government was REALLY interested in “learning about democracy”, they would start putting some democratic ideals into practice. Yes, that would be better than just coming to OUR STATE CAPITOL to demand any respect that they don’t deserve.

“The women were incredibly brave,” Sanchez said. “They were pushing and shoving the women.”

So what is Loretta Sanchez talking about? Well, the Vietnamese government won’t let dissidents meet her. So why is the Vietnamese government afraid of my fabulous Congresswoman? Here’s what I just saw from AP via The Guardian (UK):

Vietnamese police blocked dissidents’ wives from attending a tea at the U.S. ambassador’s house, creating a scene that he feared “was at risk of spiraling out of control,” the diplomat said Friday.

U.S. Ambassador Michael Marine had also invited Rep. Loretta Sanchez, who said police had “manhandled” the women.

Sanchez, D-Calif., who has criticized Vietnam’s communist government, said 15 police officers surrounded two women when they arrived at U.S. Ambassador Michael Marine’s home on Thursday evening.

So what’s happening with the dissdients, and how did my Congresswoman get involved? Follow me after the flip for more…

So what’s going on? Here’s what Loretta’s office has to say:

U.S. Rep. Loretta Sanchez (D- Garden Grove) joined an armed services congressional delegation in Vietnam after three previous visa denials by the Vietnamese government. The delegation held meetings regarding the Joint POW/MIA Accounting Command’s mission to account for missing American soldiers.

Sanchez, who represents one of largest Vietnamese constituencies outside of Vietnam, seized the opportunity to meet with the wives of political dissidents (many who are imprisoned or under house arrest) at the invitation of U.S. Ambassador Michael W. Marine to discuss the recent escalation of human rights violations by the Vietnamese government.

Unfortunately, the wives were blocked entrance to the Ambassador’s residence and physically coerced off the premises by Vietnamese police.

“The situation in Vietnam has reached a boiling point when Americans cannot freely meet with regular citizens,” stated Sanchez. “None of the women face criminal charges; other invited guests were barricaded at their homes by Vietnamese officials preventing them from attending.”

“The recent crackdown on pro-democracy advocates in Vietnam is unacceptable,” said Sanchez. Recent incidents include: the sentencing of 8 years in prison for Father Nguyen Van Ly, the arrests of human rights attorneys Nguyen Van Dai, Le Thi Cong Nhan and Le Quoc Quan; and the unmet medical needs of incarcerated journalist Nguyen Vu Binh. Nearly 200 people are thought to have been held without trial, including the Venerable Thich Quang Do and Thich Huyen Quang, leaders of the outlawed Unified Buddhist Church of Vietnam.

“The Government of Vietnam has ignored the countless requests from our Congress to improve its human rights record, stop oppression and grant citizens greater political and religious freedoms.”

Sanchez, co-founder of the Vietnam Caucus, opposed the U.S. granting Permanent Normal Trade Relations (PNTR) to Vietnam due to the lack of human rights protections in the trade agreement.

A tireless advocate for human rights, Sanchez has continuously challenged the Government of Vietnam to change its repressive human rights policy that is implicated in political and religious persecution. She has promoted awareness and policy debates in the U.S. Congress, urging her colleagues to address the human rights violations as it considers the United States’ relationship with Vietnam.

So why is the Vietnamese government afraid of Loretta? And why are they afraid of allowing their citizens to meet with a member of the US Congress and a US Ambassador? Perhaps because this member of Congress has spoken up on behalf of the Vietnamese people? Perhaps because she’s trying to shed some light on the Vietnamese government’s reprehensible human rights abuses? Perhaps because she supports real democracy in Vietnam?

Well, I’m glad to see that Loretta’s continuing to raise hell on this…
Now I’d just feel better if the Vietnamese government were to actually pay attention to her, and stop repressing their own people.