Congress

Has Hearst forgotten about Josh Wolf–soon to be the longest jailed journalist in U.S. history?

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By Bruce B. Brugmann

I was delighted to read in the Saturday (Jan. 20) San Francisco Chronicle/Hearst that House Speaker Nancy Pelosi of San Francisco “added her voice to a growing list of lawmakers urging Attorney General Alberto Gonzales to drop the prosecution of two Chronicle reporters who face l8 months in prison for refusing to name their sources for stories about steroid use in professional sports.”

I was also delighted to see that she sent a three paragraph letter calling on Gonzales to withdraw the subpoenas of Lance Williams and Mark Fainaru-Wada asking them to identify their confidential sources.
I was further delighted to see that the letter came after she met in her new Capitol Hill office with Chronicle Editor Phil Bronstein and Fainaru-Wada.

And I was delighted to see that the Chronicle, in a story by Zachary Coile of the Chronicle Washington Bureau,
gave it prominent display and a nice head (“Pelosi urges halt to prosecution of Chronicle writers”) and a nice subhead (“Letter to attorney general also calls for federal shield law”) on the upper right corner on page four.

However, I was startled and quite annoyed to find that, suddenly, the Chronicle/Hearst and Pelosi seemed to forget that there is a third journalist involved in a similar government subpoena case, Josh Wolf, who is the only U.S. journalist presently in jail and will soon be the longest jailed journalist in U.S. history.

Pelosi and her office staff have refused to meet with Wolf’s mother or his supporters, saying to her and to the Guardian that she can’t interfere in a judicial matter.
To its credit, the Chronicle up to now has covered the Wolf case thoroughly and supported him editorially.
What happened?

I sent the following questions off by email to Bronstein and
Coile: What happened to the Wolf case? Why wasn’t it mentioned in your story? Did you ask Pelosi or any other congresspeople to support Wolf and ask that he be released from jail on the same basis you are using to keep your reporters out of jail? If not, why not? If they don’t answer me, I hope they explain their apparent double standard to Josh’s mother (see her appeal below, written before the story appeared.) I hope they refresh their editorial judgment that the journalistic principle of resisting government subpoenas applies equally to Hearst reporters and freelance journalists such as Wolf and Sarah Olson. B3

SF Chronicle: Pelosi urges halt to prosecution of Chronicle writers Letter to attorney general also calls for federal shield law

E-mail from Josh Wolf’s mother:

Subject: Please write to congress NOW to support Josh

There is a move in Congress to rescind the subpoena’s which put the two SF Chronicle reporters under grand jury contempt charges, but no mention or attention is being paid to Josh’s case, a similar first amendment issue, where he has already been in jail for 150 days.

Below is a sample letter to use to send to John Conyers and Tom Davis (representing the House Judiciary Committee), Nancy Pelosi (who represents Josh’s district) and California senators, Barbara Boxer and Dianne Feinstein. Representative Dennis
Kucinich is also aware of and interested in Josh’s case.

January 19, 2006

To Representative John Conyers

From Liz Wolf-Spada
PO Box 2235
Wrightwood, CA 92397
liz_wolf_spada@yahoo.com
760-964-6101

Dear Representative Conyers,

While I find it commendable that Congress is finally getting involved in the questionable legality of grand jury subpoenas of journalists, I am appalled that no mention has been made of my son’s case. Josh Wolf is not facing a subpoena. HE HAD BEEN
INCARCERATED FOR 150 DAYS ALREADY FOR REFUSING TO COMPLY WITH THAT SUBPOENA.
Josh Wolf is an independent journalist who reports on local San Francisco activities, with a special interest in protests and demonstrations. He has been reporting on these events on his web site for over three years and has a large following. One of his
videotapes from a protest of June 8, 2002, is currently being used to prosecute cases of police brutality against jailed protestors.
Unlike the Chronicle reporters, Josh does not have a large corporate media conglomerate backing him or paying his bills. He was not given a stay, but was immediately put in jail on August 1, 2006, when Judge William Alsup ruled him in contempt for refusing to turn over unpublished video footage and for refusing to testify. Since then, Josh’s lawyer, Martin Garbus, has offered to give the unpublished material to the US Attorney in exchange for them dropping the subpoena to testify. The US Attorney refused this offer. The judge refused to view the tape to see if it had any relevance to the supposed investigation into an alleged attempt to burn a police car. The police car in question suffered only a broken taillight.
Josh cannot get permission from his sources to testify. His sources are the large group of dissidents in San Francisco who are exercising their first amendment rights to free speech and assembly. The attempt to intimidate Josh to name names of people
present at that protest not only goes against our rights to a free press, but it goes against our rights to free speech and assembly.
I urge you to petition Attorney General Gonzales to dismiss this contempt charge against Josh Wolf and release him from prison, where he has been held in coercive custody for 150 days.
Sincerely,

Liz Wolf-Spada
(mother of jailed journalist, Josh Wolf)

The Stop Online Expression Act

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› annalee@techsploitation.com

TECHSPLOITATION Now that Congress is back in session, I’m bracing myself for the resurrection of the Stop the Online Exploitation of Our Children Act. This is yet another bill, in a long line dating back to the Communications Decency Act and the Child Online Protection Act, that attempts to curtail free expression online by raising the specter of child abuse. First proposed at the end of last session, the bill is the brainchild of Sens. John McCain and Charles Schumer.

Leaked drafts of the Stop Online Exploitation of Our Children Act read like a speech squasher’s gift list. The bill requires the government to create a list containing the e-mail addresses of known sex offenders — probably compiled from various state databases of sex offenders. All online publishers, including bloggers and blog aggregators like LiveJournal, will be forced to police everything posted on their sites, searching for e-mails from this list. If they find a match, publishers must delete the accounts associated with the offending e-mail address — as well as anything the owner has published on the site. Failure to do so will result in steep fines. Fines will also be imposed if publishers fail to report behavior that might involve child porn or obscene behavior.

Here are four good reasons to oppose this legislation:

1. It imposes an undue burden on small publishers. Under the proposed rule even small bloggers, chat room operators, social networking sites, and webzine publishers will have to comb through the content on their site, looking for things that appear to have been written by people on the list of sex offenders that the government will compile. In practice this will probably mean that sites offering community forums, such as Alternet and even Slashdot, simply have to stop allowing people to post. There will be too great a risk that they’ll be fined if they miss a post by an alleged sex offender.

2. It misses the target. Keeping e-mail lists and deleting things written by "sex offenders" is dangerous because the category is very capacious. In states like Texas, people arrested for streaking or public nudity are classed as sex offenders. In Illinois, convicted skinny-dippers (i.e., people engaging in "public indecency") must register as sex offenders. In addition, many databases of sex offenders have been shown to be full of errors — and it’s possible for two people to have very similar e-mail addresses. Too many innocent people will get caught up in this net and find their words deleted from the Web.

3. It will not stop people who are currently committing crimes. This proposed law focuses on persecuting people who once engaged in criminal acts, rather than people currently engaged in criminal acts. If a former sex offender is posting appropriate messages in a therapy group, or talking with other model-train hobbyists, there is absolutely no reason — other than sheer prejudice — for deleting what he or she has written. In fact, preventing convicted sex offenders from having a social outlet online might lead to more recidivism. Moreover, if publishers are throwing all their energies into hunting down and deleting convicted sex offenders, publishers may not have enough resources to track down nonconvicts who are posting comments that are genuinely harmful to children.

4. It sets a bad precedent by asking untrained citizens to report on one another. Certain groups, such as doctors and therapists, are required by law to report if one of their clients is a danger to him- or herself or others. Schools are required to report suspected child abuse. But these groups are full of professionals who are trained to identify dangerous behavior that may affect children. Publishers are not trained to identify such behavior, nor should they be asked to do so. If we force Web publishers to turn in or silence their fellow citizens, which group will be forced to do it next? Sales clerks? Librarians? Rental car agents? Forcing citizens to turn against one another is not going to prevent crime. It’s only going to spark prejudice and lead to greater social injustice.

Be on the lookout for the next version of the McCain-Schumer "Stop Online Expression" bill — especially as election season draws a bit nearer. Don’t let it fool you. This isn’t about saving the children. It’s about scapegoating and censorship. And it will let the real criminals go free. *

Annalee Newitz is a surly media nerd who isn’t in your database.

The new Vietnam

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EDITORIAL And now, President George W. Bush wants to commit another 20,000 troops.

Twenty thousand more US kids, going to fight a war that can’t be won. Twenty thousand more lives in potential danger for no imaginable purpose. This isn’t the "surge" Bush has invoked; it’s an escalation, one reminiscent of the worst days of the Vietnam War, when Presidents Lyndon Johnston and then Richard Nixon sent more and more troops into a quagmire from which there was no good exit. If anything, Iraq is worse: when the United States fled Vietnam, there was at least a stable government to take over.

Bush has given the Democrats a huge opportunity here, a chance to create the sort of political sea change that only comes once or twice a decade. Watergate set the Republicans back for much of the 1970s. The energy crisis and the Iran hostage situation knocked the Democrats out of power in the 1980s, and Bill Clinton’s health care fiasco gave the GOP control of Congress in the 1990s. The Iraq War gave the House and Senate back to the Democrats last fall — and the Bush escalation could give them back the White House in 2008.

This is the end of the Bush presidency. Iraq will poison any Republican who sides with the president and supports the escalation. And it will be political gold for Democratic candidates and leaders — if they are willing to seize the opportunity.

That’s not by any means certain. Bush still has an ace in the perception hole: his spin team will insist that opposing funds for the increased military action will amount to a failure to support the troops. Democrats in Congress have refused to confront that line in the past — and with the party’s fear of being seen as soft on national security, it’s entirely possible that House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid will be outspoken in their criticism of the policy but cautious when it comes to cutting off funds.

That would be a serious mistake on every level.

Remember: the odds are very good that many of those 20,000 soldiers will never make it home and that many, many more will come home mutilated and maimed. The odds that this surge will succeed in controlling violence in Baghdad are next to zero. And since Bush is acting unilaterally, without congressional assent, the only way to stop this madness is to cut off funding.

Pelosi has been devoting most of her energy and political capital to the rather modest advances of the "100 hours" strategy. But frankly, nothing on her agenda is as important as ending the war. The House and Senate leadership need to move immediately to eliminate funding for any troop escalation. *

The governor’s wimpy health plan

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EDITORIAL The good news — and it’s very good news indeed — is that the governor of California has followed the lead of the city of San Francisco and is talking seriously about a universal health care plan. This is the first time since the early days of the Clinton administration — before the insurance companies destroyed even a modest hope of national reform — that we can sense real momentum toward the creation of a new policy to address one of the most pressing issues in the country.

But let’s be clear: the governor’s proposal falls far short of real reform. It has a few attractive features, but overall it’s underfunded, at points dysfunctional — and ducks the most basic problems with the state’s health insurance system.

Like Bill Clinton, Arnold Schwarzenegger starts with a failed premise — that private insurance, linked to employment, can somehow solve the problem. The evidence against that is so clear it’s frustrating even to have to make the argument. Private health insurance is expensive and inefficient; the amount of money that’s wasted on overhead and profits is staggering (as much as 30 cents out of every health care dollar never makes it to any hospital or clinic). The incentive to bilk consumers, avoid covering the sickest of patients, and reward suffering is disgracefully high. The fact that the United States is the only Western industrialized country without a functioning national health care program is a direct result of the fact that private insurers run the show.

Employer-based health insurance is a failed system too, an amalgam that grew out of the federal government’s failure to recognize the need for a national health system in the postwar era and the demands of unionized workers for better benefits. Workplaces offer insurance companies what they want — large pools of people among whom to share the risk. But linking insurance to employment is obviously a bad idea at a time when more and more people are working part-time jobs, contract jobs, or a series of different jobs for different companies — and when small businesses (which create most of the jobs in the country) are getting hammered by double-digit annual increases in health insurance premiums.

So any plan that accepts the private-sector hegemony over health insurance is doomed to fail in the long term.

The Schwarzenegger plan has another dangerous component: the proposal would require everyone in the state to buy health insurance (at the risk of criminal penalties for noncompliance). That, of course, is an insurance industry dream — it makes the entire population a captive customer base. And while the governor promises to offer lower-cost plans and subsidies for the poor, there’s nowhere near enough money in his proposal to make private insurance affordable to all. Low-income people would be driven to buy high-deductible plans, which undermine the entire idea of universal health care. And middle-class people who don’t have employer-based plans may be devastated: in San Francisco, for example, a family of four living on $60,000 a year would have to put as much as $10,000 of that into health insurance or risk steep fines.

The overall financing is shaky — the governor is counting on federal funding to help put an additional 630,000 people on the Medi-Cal rolls, but Congress has a long list of spending priorities, and there’s no guarantee this one will make the final cut.

There are things to like about the plan, particularly the goal of covering all children in the state, including the kids of undocumented immigrants. And the very fact that the ambitious governor of the nation’s largest state is willing to stake so much on health care reform is encouraging.

But the legislature is under no obligation to start the discussion with the governor’s plan. There’s already an excellent bill out there: SB 840, by Sen. Sheila Kuehl (D–Santa Monica). Her suggestion: get the insurance industry out of the game altogether and create a statewide fund, with premiums paid by employers and individuals, that would cover all Californians. It would save businesses in the state a fortune (and thus give the economy a jolt), cut down on waste and fraud, allow people to move from job to job without fear of losing health care, and give the government a strong incentive to push for lower drug costs.

That’s where the debate ought to begin. *

Barbara and Angela socked it to ’em! Keep it up!

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By Bruce B. Brugmann

Last Thursday, Jan.llth, when Sen. Barbara Boxer confronted Secretary of State Condoleezza Rice over the casualties in the Iraq War, the San Francisco Chronicle reported four more soldiers died in the civil war.

On Friday, when the right wing commentators yelled “slime” at Barbara and tried to change the subject by updating the swiftboat routine, the Chronicle reported “At least l9 people were reported killed or dead nationwide Friday, including l0 bullet-riddled bodies found in Baghdad and an Iraqi journalist who was killed in a drive-by shooting in the northern city of Mosul. KhudrYounis al-Obaidi was the second journalist killed this year.”

Meanwhile, even the Chronicle helped change the subject by playing the Boxer/Rice story big on on its Friday Jan. l3th front page. Carla Marinucci lead posed a naive and irrelevant question: Was Boxer’s “heated confrontation” with Rice “a case of ‘vicious feminine politics–as some critics have suggested–or merely the politics of frank talk in tough times?”

Marinucci wrote that Boxer, during her questioning of Rice, said she wanted to focus attention on the human consequences of the decision.

“Who pays the price? I’m not going to pay a personal price. My kids are too old, and my grandchild is too young” to serve, Boxer told Rice. “You’re not going to pay a price, as I understand it, within immediate family. So who pays the price? The American military and their families.”

Boxer’s statement was right on target, as were those of many other senators (Democrat and
Republican) who attacked the war and Bush when she appeared before the Senate Foreign Relations Committee.
But the swiftboaters were out in gale force, not to discuss the Bush casualties or the issues of a war gone to hell, but to try to change the subject and attack Boxer, whose major sin it appears is that she happens to have been right about the war almost from the beginning. The New York Post/Murdoch called her comments “a low blow.” Tony Snow, the White House spokesman and former Fox News/Murdoch personality, said the comments were “outrageous” and said that Boxer had made “a great leap backward for feminism.” Fox News/Murdoch commentator Karen Hanretty whacked Boxer for talking about Rice’s “breeding history.”
Fox/Murdoch ran screaming heads all day Friday saying “Will Boxer Apologize?” and “Boxer slimes Rice.”
And Bill O”Reilly, the FoxNews/Murdoch star of slither and slime, took up the issue Friday night with Angela Alioto.

Boxer, to her immense credit, refused to apologize in the Marinucci story. “This is just typical of what they do…
the Bush administration always goes after me, and anyone who has been against the war from the start,” she said. “It’s ‘kill the messenger.'” Boxer said she will continue to be tough on the issue of the war because the “focus (on casualties) is crucial.”

Alioto, to her immense credit, stood up to Reilly on his Fox program, ably defended Boxer, got in some nice punches and kept making the casualties point by saying that “we fight wars with other people’s children” and “if everybody in Congress had a child in Iraq, we wouldn’t be in Iraq.”

The back and forth was delicious: O’Reilly: She (Boxer) denigrated Secretary Rice because Secretary Rice…

Alioto: That is not true.

O’Reilly: …doesn’t have any children.

Alioto: She would have said the same thing to a man. She would have said the same thing to a man. (See the full transcript below.)

Good for Barbara. Good for Angela. Keep it up. Keep the pressure on.

Meanwhile the Ballis report came in this morning with this count:

+U.S. Military killed in action in Iraq today (l/l5/O7): 2

+Current Total: 3,029

+Wounded total to (l/l0/07): 22,834

Wounded (l2/28 to l/l0/07): 120

See the Guardian editorial “Cut off the war money” in our current issue and on our website. We will regularly publish a snapshot of the statistics of military, civilian, and journalist casualties that tell this tragedy that grows grimmer by the day. B3

Boxer comments to Rice draw fire from the right – Senator says she won’t apologize for ‘strong message’

Friday Night Fights: Bill O’Reilly Takes on Liberal Extremists Over Boxer’s Statements | NewsBusters.org

Introducing the Edward R. Murrow of the Bush crisis in 2007: Keith Olbermann of MSNBC

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By Bruce B. Brugmann

The mainstream media who helped President Bush march us into war in Iraq have a lot to answer for.

One of the most eloquent answers these days comes from Keith Olbermann, who has become a passionate critic of the war and the Bush administration as the host of MSBNC’s “Countdown.”
He has night after night laid out some of the most scalding commentaries ever made on televsion by a major broadcast figure against a wartime president.

On Thursday night, after the President’s Wednesday night address to the nation on Iraq,
Olbermann rose to the occasion with an editorial titled “Bush’s Legacy: The President Who Cried Wolf,” with the subhead “Bush’s strategy fails because it depends on his credibility.”

For those of us who remember the way Edward R. Murrow started his War II radio broadcasts, “This is London,” Olbermann had the chilling ring of Murrow authority and credibility.

He started in on Bush with a lead that caught the essence of one of the most serious crises in American history: “Only this president, only in this time, only with this dangerous, even messianic certitude, could answer a country demanding an exit strategy from Iraq, by offering an entrance to Iran.”

And he ended with a flourish of trumpets, “You have lost the military. You have lost the Congress to the Democrats. You have lost most of the Iraqis. You have lost many of the Republicans. You have lost our allies.

“You are losing the credibility, not just of your presidency, but more importantly of the office itself.

“And most imperatively, you are guaranteeing that more American troops will be losing their lives, and more families their loved ones. You are guaranteeing it!

“This becomes your legacy, sir: How many of those you addressed last night as your ‘fellow citizens’ you just sent to their deaths.

“And for what, Mr. Bush?

“So the next president has to pull the survivors out of Iraq instead of you?”

Perhaps, as the crisis deepens by the day in Washington, Olbermann should start his evening commentaries by saying, “This is Washington.” Last night he ended his commentary with the trademark Murrow phrase, “Good night and good luck.” Let us wish all the good luck in the world to Olbermann and MSNBC in keeping him and his kind of distinguished commentary on the air. (This is the full text of his commentary, carried by truthout.org. Note also his other commentaries.) B3

http://www.truthout.org/docs_2006/011207A.shtml

Bush is the kind of guy ‘who reserves a hotel room and then asks you to the prom’

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By Bruce B. Brugmann

Maureen Dowd, in her Wednesday New York Times column, had a telling quote:

“With the surge, as with the invasion of Iraq, W. is like the presumptuous date ‘who reserves a hotel room and then asks you to the prom,’ as my friend Dana Calvo put it.”

On the eve of Bush’s speech to surge, escalate, and accelerate in Iraq, she ended her column with Ted Kennedy and his apt remarks after his speech Tuesday to the National Press Club about his legislation that would require Congressional approval before troop levels can be increased. (See previous blog.)

She quoted Kennedy as saying, “‘The horse will be out of the barn by the time we get there. The president makes his speech now. We’re going to get the appropriation request probably the end of January, early February.'”
He said it could take eight more weeks for Congress to act. “‘By that time, the troops will already be there. And then we’ll be asked, are we going to deny body armor to the young men and women over there?'”

In other words, Dowd points out, “the president will ask us to the prom once he reserves the hotel room.” B3

Off the record

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› gwschulz@sfbg.com

Among the mansions and box stores popuutf8g Silicon Valley are several major tech firms at the heart of a stock option backdating scandal that has metastasized through corporate America over the last two years.

The hall of shame includes Juniper Networks, McAfee, Nvidia, Brocade Communications Systems, and most notably for this story, a Mountain View–based firm called Mercury Interactive, which came under scrutiny in late 2004, making it one of the earliest companies identified for allegedly tampering with the lucrative stock options given to employees.

While some of the half-billion-dollar backdating mess at Mercury has appeared in the business press already, additional details contained in a civil lawsuit filed by investors are under seal in Santa Clara County Superior Court, and three news outlets want them opened up by a judge.

"These companies fleeced investors, and the public has a right to know," Karl Olson, an attorney for the outlets, told Judge James Kleinberg during a hearing Jan 5. Olson is representing the San Francisco Chronicle, Bloomberg News, and the Recorder legal newspaper. He added the defendants have "not shown an overriding interest that supports sealing any of these records."

Attorneys for the company and its fallen former executives have not cited trade secrets or proprietary information — commonly used excuses in corporate litigation — as reasons for keeping the filings sealed. Instead, they seem to be worried the documents will paint an even more sordid picture of executive misdeeds than what’s already come out, and they want to block the press from telling the full story.

But there is an interesting irony to the Chronicle insisting it is entitled to access this information. The newspaper’s parent company, the Hearst Corp., asked a federal judge to withhold from the public some of its own company records unearthed amid a federal civil suit leveled against it and other media giants over the summer.

San Francisco real estate mogul Clint Reilly filed an antitrust claim against Hearst and its rival–cum–business partner, Denver-based MediaNews Group, owner of several Bay Area newspapers, arguing that a bid between the companies to share business expenses was illegal. The Guardian has joined an effort with the nonprofit Media Alliance to unseal records related to Reilly’s suit.

But in the Mercury case, attorneys for the company and its former executives complain individuals not listed as defendants "would have their identities revealed and be implicated in alleged misconduct."

Mercury certainly would like to forget its troublesome past. Computer giant Hewlett-Packard is closing out its purchase of the company for $4.5 billion, taking on Mercury’s liabilities and obviously hoping to put the backdating matter to bed.

Nationwide, somewhere between 150 and 200 companies (reports vary) are internally investigating options problems or have received inquiries from the Securities and Exchange Commission (SEC), the federal agency charged with ensuring publicly traded firms reveal essentially every major move they make.

Mercury was founded in 1989 and produces business software for companies worldwide. In another bit of irony, Mercury specializes in making a group of applications designed to help corporate clients fully comply with the new federal financial disclosure rules passed by Congress as part of the Sarbanes-Oxley Act following Enron’s implosion.

Amnon Landan, the former Mercury CEO who resigned in November 2005 under pressure following an internal probe, is said to have exercised $5.5 million worth of options and sold 1.04 million company shares for a total of $73.6 million "during the period of wrongdoing," according to another suit filed by investors in federal court last spring.

Two additional executives resigned at the same time as Landan. The list of plaintiffs in the federal suit, which charges that Mercury’s backdating imbroglio greatly damaged the company’s market value, includes the retirement system for New Orleans municipal employees.

The value of a stock option is determined by its closing price per share on the day the option is granted. Instead of listing that particular date when the options are later exercised, backdating an option generally involves picking a spot earlier on the calendar. That way, employees of companies that make it big can reap huge windfall profits far bigger than they were entitled to receive. As Duke law professor James Cox somewhat famously described backdating, it’s like betting on a race and knowing who the winner will be.

Silicon Valley’s start-ups during the tech boom relied on hopes and dreams more than directly available cash assets to flashpoint their growth. To attract the best executive talent around, they offered stock options in exchange for hefty salaries. If the top suits performed well from the beginning, when the stock price was low, they could sell the shares much later when their value had climbed sky-high.

But some of the still relatively young companies that dot the fringes of Highway 101 where it weaves toward downtown San Jose are today being charged with failing to inform investors and government regulators just how many zeros were involved in those enriching IOUs.

Defense attorney James Kramer made an important point about backdating, however, to Judge Kleinberg during last week’s hearing. "There is nothing about backdating that is illegal," he said. "The issue is whether you properly account for it."

Yet Mercury didn’t properly account for more than $567 million in compensation expenses over a 12-year period in its SEC filings. And that’s what is illegal. The IRS heavily taxes earnings from backdated stock options, which are akin to tax-free bonuses that aren’t reported to the SEC. Investors say the failure to disclose the backdating exposed the company to heavy tax penalties, money that came from shareholders.

"Throughout the development of the options scandal, Mercury Interactive has been one of the most significant companies for the public to watch, due to both the primacy and seriousness of its options problems," Recorder reporter Justin Scheck wrote in a declaration to the judge last week. The Recorder, which serves about 20,000 readers in the state’s legal community, asked Jan. 5 for Kleinberg to open the records.

Recorder attorney Olson, who regularly represents the Chronicle in such open-records cases, argued in a memo to the court that the desire to shield top Mercury execs from "adverse publicity" and "potentially embarrassing corporate documents" doesn’t justify withholding up to 17 exhibits that Mercury wants to keep away from the press and the public. Petitions submitted to the court regarding the sealed portions of the case are public and were obtained by the Guardian last week.

The defendants’ attorneys said the investors signed a confidentiality agreement early in the suit so that evidence could be more freely exchanged with Mercury during discovery, and they want that promise kept.

"The plaintiffs in the [Santa Clara] suit are not roving attorneys general who are tasked with pursing every defendant who they believe has done something wrong or caused harm to someone else," Brandon Wisoff, a defense attorney in the case, said in a phone interview. "The purpose of a derivative suit is for a shareholder to recover on behalf of a corporation in which he or she owns stock, because he or she is indirectly impacted by any harm that allegedly occurred to the corporation."

The Santa Clara suit’s status as a derivative claim could lead Judge Kleinberg to toss it out, since HP has purchased Mercury. For that reason, Wisoff says, documents produced before the sale aren’t going to be used in court and so shouldn’t be accessible to the public.

"Non-defendant third parties also would have their identities revealed and be implicated in the alleged misconduct" if the records were opened, attorney Thomas Martin wrote in a declaration to the court. In other words, the documents could suggest how much was known about the problems with backdating at Mercury. And that might be of concern to more than just the company’s investors.

Martin, who declined to comment over the phone for us, is representing Kenneth Klein, a former Mercury chief operating officer who left the company in 2003 and has not officially been linked by Mercury to backdating problems but is nonetheless listed as a defendant in the Santa Clara suit.

Thomas and the other defense attorneys argue the investors’ court filings openly cite sealed discovery material, which presumably includes references to Klein’s alleged involvement in or knowledge of backdating, given his status as a defendant, as well as the names of others possibly listed in the documents. They’re arguing Mercury and its executive defendants could not publicly rebut suggestions made by the media about their involvement.

While Kleinberg seemed sympathetic to the notion that the press doesn’t always do the best job reporting on civil allegations, he said it’s a fact of life that most civil complaints — even ones that say "very outrageous things about people and institutions" — fall into the public domain.

But Amber Eck, an attorney for the investors who are now advocating for the filings to be opened, says the complaints made in the suit are far from frivolous and the company’s own board investigation identified who had participated in the misconduct and who knew about it. She said the whole story hasn’t been told.

"There’s a lot saying there was backdating and the amount of the [SEC financial] restatements," Eck said in a phone interview. "But what I was explaining to the judge was that as far as the details on the manner and the process in which it happened … that isn’t really out there yet, and that’s contained in our complaint and the exhibits."

Janet Guyon, an editor at Bloomberg News in New York who has watched the options backdating scandal unfold, told the judge in a declaration that the public deserves a "window into this litigation" to ensure fairness for investors who are expected to trust promises of transparency made by public companies.

"More than 80 companies have announced earnings restatements totaling over $8.8 billion, including $84 million most recently by Apple Computer, which admitted it forged documents recording a directors’ meeting to award its CEO backdated options," Guyon stated. "At least 65 executives or directors have resigned and 300 lawsuits have been filed against 100 companies. Yet little light has been shed on how this practice got started and why it continued." *

Declaration by Bloomberg News editor Janet Guyon to judge Kleinberg on why the Mercury records should be unsealed.


Declaration by local reporter Justin Scheck on why the Mercury records should be unsealed.

Application by attorney Jared Kopel for defendant Kenneth Klein on why the records should continue to be sealed.


Declaration by attorney Thomas Martin for defendant Kenneth Klein on why the records should continue to be sealed.

Taking on term limits

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EDITORIAL It’s time to take a look at what legislative term limits are doing to San Francisco. Assemblymember Mark Leno, who is really just hitting his stride as one of the most effective members of the state legislature, is in his last term in office. Supervisors Chris Daly and Aaron Peskin, who are two of the most effective members of the Board of Supervisors, are in their final terms. Supervisor Tom Ammiano, who is the institutional memory of the left in city hall, will be gone in another two years.

In fact, Ammiano is a good case study for what’s wrong with term limits. The supervisor from District 9 has always been strong on the issues, but in his first few years on the board, he had trouble getting his bills through. That was in part due to a hostile board majority, but it was also, frankly, a matter of inexperience: over time Ammiano has convinced even some of his harshest critics that he’s a capable, reasonable lawmaker who can hammer out compromises that make good public policy. The recent universal health care bill is an example, something that might have been very difficult for a newbie supervisor to negotiate.

Ammiano has announced he’s running for State Assembly (when Leno is termed out), which is fine for him, but the board will lose an important presence when he’s gone. And losing Peskin and Daly (along with Sophie Maxwell, Gerardo Sandoval, and Jake McGoldrick) all within the next four years will shake up a board that has become the center of progressive policy development in San Francisco.

Term limits have been, by and large, the creature of conservative activists who want to increase the power of the executive branch and get rid of longtime liberal legislators, who, by virtue of representing safe urban districts, can often accumulate considerable seniority and power. (Witness Ron Dellums, Maxine Waters, and yes, Nancy Pelosi.) On a national level it’s well established that a strong (often too strong) chief executive can only be tempered by allowing members of Congress to serve long enough to develop the skills, contacts, and political bases to keep the presidency in check. On the state level six-year limits in the assembly and eight-year limits in the State Senate have shifted enormous political clout to the governor — and to the lobbyists, who have no term limits and now often know more about issues than newly minted legislators.

We’ve always been against term limits. If former assembly speaker Willie Brown hadn’t been so arrogant and corrupt, term limits for the legislature might never have passed in California. Assembly Speaker Fabian Núñez is working on a proposal to soften the limits slightly (possibly to allow 14 years of service in either house), and that’s a good idea.

Here in San Francisco, the board ought to start work on a charter amendment to modify term limits for supervisors. Ideally, we’d like to see an end to term limits altogether, but at the very least, the two-term limit should be extended to three terms.

The only credible argument for term limits was the threat of unaccountable incumbents running rampant. But with district elections and public financing, that’s not much of a threat in San Francisco. And San Francisco voters seem quite willing these days to vote people out who aren’t doing the job: it didn’t take term limits to get Dan Kelly off the school board.

It’s always tricky for incumbent politicians to do something that smacks of extending their own job security, but the truth is, term limits are bad for the public. The supervisors shouldn’t be afraid to come out and say that. *

Editor’s Notes

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› tredmond@sfbg.com

The biggest challenge facing Democrats in Congress this year is probably also the most boring. They’re going to have to deal with taxes.

I’m not the only one obsessed with this. Really, I’m not. Edmund L. Andrews got into it in the New York Times on Jan. 4, noting that the new Democratic leadership is utterly ducking the question of how to handle some of the major fiscal headaches that are going to rear their ugly heads.

Bear with me while we run some numbers.

The Iraq War is going to cost $100 billion in 2007, maybe more if Bush gets his troop "surge." Fixing the problem that causes more and more middle-class people to shoulder an extra tax burden under the alternative minimum tax will cost $50 billion. The Bush tax cuts — which the president wants to make permanent — are another huge-ticket item, maybe $170 billion a year (based on estimates from the Brookings Institution).

So that’s $320 billion to deal with — even before the Democrats spend a penny on any new initiatives or so much as talk about making Social Security solvent.

And, of course, there’s a $340 billion budget deficit, which keeps adding to the federal debt, which is a number so big that nobody can really comprehend it, so I won’t bother here except to say that the interest payments alone are $400 billion a year.

The Democrats have already announced they want to see any new spending come with a revenue source and any new tax cut proposals identify reductions in existing spending that would pay for them. All well and good — except that the Iraq War isn’t part of the federal budget. Bush just keeps coming back for money every few months, and Democrats who don’t want to be accused of refusing to support the troops in the field wind up voting to give him all of it.

Now let’s go to the political calculus, which is even uglier.

The only major politician I know of in the last electoral cycle who talked honestly about taxes and government spending was Phil Angelides, who (as some of you may remember) ran for governor of California. He was slaughtered.

That’s why the Times reports the following:

"Even as Democratic leaders continue to accuse Mr. Bush of having a reckless fiscal policy, they have refused to discuss dismantling his tax cuts or even to engage in a debate with him about the best way to stimulate economic growth.

" ‘It’s always the same old tired line with them — "Tax and spend, tax and spend, tax and spend," ‘ said Senator Kent Conrad, the North Dakota Democrat who is chairman of the Senate Budget Committee. ‘We’re not going there.’ "

No, so far they’re not. They’re just moving ahead, making promises and proposing policy, without saying either that spending on Iraq has to be cut dramatically or that somebody has to pay more taxes to fund it.

Even by Bush’s most optimistic projections, the national budget will be in the red until 2012. By then he and his crew will all be safe on the golf course, their retirements secure.

And apparently, the Democratic leaders are willing to continue to duck, continue to go into debt, continue to screw up the economy, and continue to burden our kids with the results of our greed, fear, and stupidity.

Nancy? *

Mayor Chicken

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› news@sfbg.com

The format is always the same: Mayor Gavin Newsom shows up at a carefully scouted location somewhere in the city with his perfect tie and perfect hair. He brings a cadre of department heads in tow, sending the clear message that he can deliver government services to the public. He takes a few questions from the audience, but the format allows him to deflect anything tough, to delegate any problems to department heads, and to offer a thoughtful “we’ll look into that” when the need arises.

There is no substantive discussion of anything controversial — and no chance for anyone to see the mayor debate contentious issues.

This, of course, is by design.

Newsom has made it very clear during his first term as mayor that he can’t take the heat. He is the imperious press release mayor, smiling for the cameras, quick with his sound bites, and utterly unwilling to engage in any public discussion whose outcome isn’t established in advance.

He has become Mayor Chicken.

So don’t expect any leadership from Newsom during an upcoming series of what the Mayor’s Office is calling “policy town hall meetings” that have been hastily scheduled this year, beginning Jan. 13 in the Richmond District with a discussion of homelessness. The town hall meeting is just politics as usual for Newsom. Since taking office in 2004, he’s held eight of these stage-managed events.

“He does a good Phil Donahue shtick,” says Sup. Chris Daly, recalling one such town hall meeting Newsom held in Daly’s District 6 after he was elected mayor. “Scripted town hall meetings are smart politics for Newsom.”

Scripted events weren’t what Daly had in mind when he wrote Proposition I, which calls on the mayor to appear before the supervisors once a month to answer questions. And these campaign-style events certainly weren’t what voters had in mind Nov. 7, 2006, when 56.42 percent of them approved the Daly legislation, which asks the mayor in no uncertain terms to appear “in person at regularly scheduled meetings of the Board of Supervisors to engage in formal policy discussions with members of the Board.”

Examiner columnist Ken Garcia — a conservative hack who regularly sucks up to Newsom — recently dismissed the voter-approved measure as “a silly, obvious stunt to play rhetorical games with the mayor,” which is how the Newsom camp would like to spin things. But Daly recalls how when he first mentioned the idea of a mayoral question time — back when Willie Brown was still in Room 200 — he was sitting next to then-supervisor Newsom, “who thought it was a great idea.”

It’s hardly an unprecedented concept. Ken Livingstone, the mayor of London, meets with his city’s assembly 10 times a year and presents a detailed report on initiatives and progress. But now Newsom is mayor, suddenly Daly’s idea doesn’t strike him as all that great any more.

While it’s easy to accuse Daly of playing political games, it’s not so easy for Newsom — who loves to talk about the “will of the voters” — to dodge Prop. I. Newsom’s decision to snub voters and avoid real debate was so obvious that he got beat up on both the Chronicle and Examiner editorial pages, on several prominent local blogs, and in television broadcasts. Perhaps that’s why he decided this week to show up and give a speech at the Board of Supervisors inauguration Jan. 8, the first time in years he’s set foot in those chambers. He’s trying to look like he’s complying with voters’ wishes when he’s really doing nothing of the sort.

 

THE “KUMBAYA MOMENT”

It didn’t have to be this way. As board chair Aaron Peskin’s legislative aide David Noyola told the Guardian, immediately after Prop. I passed, Peskin tried to “depoliticize the issue” by becoming the sponsor of a motion to amend board rules.

Peskin’s motion aimed to make space on the board’s agenda for the mayor every third Tuesday so he could address the supervisors on policy matters — a matter he planned to discuss at the Dec. 7 meeting of the Rules Committee.

But two days earlier the mayor took his first jab at ducking the intent of Prop. I. He sent the supervisors a letter in which he claimed that to truly serve the public interest “we should hold these conversations in the community.”

Next, Newsom sent staffers to the Rules Committee hearing, where members discussed how not to force the implementation of Prop. I down the mayor’s throat — and the mayor’s staff claimed they’d be happy to work with the committee to that end.

As a result of this “kumbaya moment,” as Noyola calls it, the Rules Committee decided to continue the item to the following week to have more productive conversation. Meanwhile and unbeknownst to them, 19 minutes into the hearing, the Mayor’s Office of Communications issued a press release outlining Newsom’s intent to hold a town hall meeting in the Richmond District on Jan. 13 — which the mayor said would substitute for complying with Prop. I.

“The Rules Committee was blindsided by the mayor’s press release,” Noyola says.

The mayor, of course, said that all the supervisors were welcome to attend his town hall event and participate in the discussion, giving the appearance he was happy to debate but wanted to do so out in the neighborhoods. But that was a lie: Newsom and his staff knew very well that under state law, the supervisors were barred from participating in any such event.

According to the Brown Act, if a quorum of supervisors wants to be somewhere to discuss business that may be before the board in the future — such as homelessness — and if it wants policy interactions, the clerk must give notice that the supervisors intend to hold a special meeting.

The board actually discussed Newsom’s invitation, and board clerk Gloria Young estimated it would cost $10,000 to $15,000 to staff. It also raised serious procedural and legal questions for the board.

In other words, Newsom knew the supes couldn’t just show up and ask questions.

“But if the mayor wants people to just sit and attend a presentation in the background, like at a speech or a Christmas event, then special meeting notice isn’t needed,” notes Noyola, explaining why Peskin ultimately dismissed the mayor’s invite as “childish” — and why Peskin now says he’d support making question time a charter amendment, thereby forcing the mayor to comply with the will of the voters.

 

WHO’S PLAYING GAMES?

While the Newsom camp continues to dismiss the Daly-authored Prop. I as “political theater,” the supervisor is quick to counter it’s the Mayor’s Office that’s playing games.

“They claim political theater, but if that’s what it takes to get serious policy discussions going, then so be it,” says Daly, noting he has had one private discussion with the mayor in two years, while Sup. Geraldo Sandoval has not talked to him at all. “Newsom claims he has an open door to his office, but so do I — and he’s never been to mine. For the mayor to refuse to discuss important policy items and hide behind ‘I’m afraid of Chris Daly’ is pathetic. Willie Brown probably would have come.”

Daly also observes that San Francisco’s government is structurally unique within California because it represents a city and a county.

“It’s an awkward setup in which there is little formal communication between the board and the mayor,” Daly says, “other than when the board forwards legislation to the mayor for him to approve or veto.”

It’s a structural weakness that hasn’t been helped by the fact that in the three years since he was elected, Newsom only appeared before the board twice — this week and for the board inauguration two years ago — both times giving a brief speech but not engaging in dialogue. It’s an anomaly without precedent in the history of San Francisco. (It’s customary for mayors to deliver their State of the City speeches in the board chambers, but Newsom has done all his at venues outside City Hall.) Most mayors also make a point of occasionally appearing at board meetings (Willie Brown would sometimes even take questions from the supervisors).

On Jan. 8, Newsom slipped in at the last minute and sat next to Peskin until it was his turn to make some brief remarks, an opportunity that immediately followed public comment, during which a baseball-capped woman pleaded with the supervisors to “please kiss and make up with mayor.”

After Peskin welcomed “the 42nd mayor, Gavin Christopher Newsom, to these chambers where you are always welcome,” Newsom rose — and was hissed by a few members of the audience.

“This is a city that’s highly critical of its leadership and that expects greatness from its leaders,” the mayor said. “I have great expectations of 2007…. The key is to work together on the things that unite us…. I look forward to engaging with each and every one of you.”

 

WORKING TOGETHER

This isn’t just politics — there are serious issues involved. Without the monthly question time the Board of Supervisors requested and the voters approved, it’s hard for the city’s elected district representatives to figure out if this mayor actually supports or even understands the issues he claims to champion.

Last year, for example, Newsom was happy to take credit in the national press for the universal health care package that actually came from Sup. Tom Ammiano. But when Ammiano got blasted by business leaders, Newsom didn’t rush to defend the plan; it was hard to tell if he even still supported it.

Business leaders didn’t like that the proposal required employers to provide health care insurance. But Newsom’s own staff recognized that without that mandate, the plan would never work. Did the mayor support it or not?

The situation prompted Sup. Ross Mirkarimi to characterize the mayor’s proposal as “a one-winged aircraft that doesn’t fly,” and it was left to Newsom’s public health director, Dr. Mitch Katz, to confirm that both the voluntary and mandatory pieces of the legislation are joined at the hip. “One can’t successfully move forward without the other,” Katz said at a July 11 board meeting, which Newsom, of course, did not attend.

Since then, the mayor’s commitment to the amalgamated health care package has been thrown into question once again, this time thanks to a lawsuit the Golden Gate Restaurant Association filed only against the employer mandate aspect of the legislation.

The GGRA, which filed its suit the day after the election, is a Newsom ally that funneled more than a half million dollars in soft money into Rob Black’s unsuccessful campaign against District 6’s Daly and into Doug Chan’s coffers for his disastrous fourth-place showing in District 4.

Asked if he knows where the mayor stands on the city’s universal health care plan, Ammiano told the Guardian, “We’ll be meeting with Newsom in the new year and asking for a press conference in which we both pledge to give our continued support for all aspects of plan, but that’s not yet been nailed down.”

Ammiano’s experience is one example of repeated communication breakdowns between Newsom and the board, which have severely hindered policy discussions and the cause of “good government” to which Newsom so frequently pledges his fealty. As a result, Newsom has often ended up vetoing legislation only to reveal in his veto letter that all the legislation needed was a few minor tweaks — changes he might have just asked for had he been more engaged.

Consider how a year ago, Newsom vetoed legislation designed to limit how much parking could be included along with the 10,000 units of housing that were to be built in downtown San Francisco. The legislation was proposed by Newsom’s planning director, Dean Macris, and supported by every member of the Planning Commission but one.

When Newsom caught heat from downtown developers over the measure (see “Joining the Battle,” 2/8/06), he sent surrogates to muddy the waters and make his position unclear until after it was approved by the board. Newsom vetoed the measure, then proposed a couple prodeveloper amendments that hadn’t been brought to the board discussions.

“I’m trying to get the political leaders to come to an agreement because the city needs this,” a frustrated Macris told the Guardian at the time.

A few months later the board was similarly blindsided when it tried to approve legislation that would have created a six-month trial closure on Saturdays of some roads in Golden Gate Park. Newsom’s board liaison, Wade Crowfoot, worked closely with bicycle advocates and sponsor Sup. Jake McGoldrick to modify the legislation into something the mayor might be able to support.

Everyone involved thought they had a deal. Then, for reasons that still aren’t entirely clear, Newsom vetoed the measure. One of the reasons he cited was the fact that voters had rejected Saturday closure back in the 1990s, before the construction of an underground parking garage that still never fills up.

“For what it’s worth, what really sells it for me on this issue of the will of the voters was the shit I went through after Care Not Cash, when the voters supported it and [my critics] did everything to put up roadblocks. And I was making a lot of these same arguments, you know, so this hits close to home,” Newsom told the Guardian a few days after he vetoed Healthy Saturdays.

His words seem ironic: he loves the will of the voters when it suits his interest but not when it requires him to act like a real mayor.

This isn’t the first time Newsom’s been selective in honoring what the voters want: he also refused to hold up the Candlestick Park naming deal with Monster Cable, even though voters rejected it through Proposition H in 2004.

Last October, Newsom’s veto of Mirkarimi’s wildly popular foot patrol legislation led to a humiliating 9–2 override in November, but not before he’d dragged San Francisco Police Department chief Heather Fong with him through the political mud and created an unpleasant rift between himself and his formerly loyal ally Sup. Bevan Dufty.

Newsom has tried to spin his refusal to engage in question time as something other than defiance of voters by proposing the upcoming series of town hall meetings.

“Bringing these conversations to the neighborhoods — during nonwork hours — will allow residents to participate and will ensure transparent dialogue, while avoiding the politicized, counterproductive arguing that too often takes place in the confines of City Hall,” Newsom wrote in his Dec. 5 letter.

But even the Chronicle and the Examiner — neither of which have been supportive of progressives in City Hall — have condemned Newsom for ducking this fight. On Dec. 18, Chronicle editorial writer Marshall Kirduff opined, “There is no end of topics to discuss — a Muni overhaul, a new neighborhood coming to Treasure Island, police policies, the ever-with-us homeless. The city could do with more debate even at considerable risk of dopey rhetoric. That means the mayor should step out of his office, walk across City Hall and face the supervisors. It’s time to bring on the questions.”

Meanwhile, Daly notes the mayor has been spending excessive time out of state, not to mention making frequent trips to Southern California. “I think we should subpoena the guy; he doesn’t know what’s going on,” Daly quips.

A classic example of Newsom’s cluelessness about the local political scene occurred live on TV shortly after 59 percent of San Francisco voted to impeach President George W. Bush and Vice President Dick Cheney. Asked during a Nov. 16 City Desk News Hour interview with Barbara Taylor about Proposition J’s passage, Newsom said, “I am told Congress is going to come to a halt next week, and they’re going to reflect on this new San Francisco value. Before you impeach the president, you should consider the guy who would become president. Why don’t you start with the top two?”

Yup, it’s definitely time to bring on those questions. *

Newsom’s first town hall meeting takes place Jan. 13 at 10 a.m. in District 1, Richmond Recreation Center, at 251 18th Ave., SF.

 

Kennedy: “Is there any American in this country who thinks the United States Senate would vote to support sending American troops into a civil war in Iraq today?

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By Bruce B. Brugmann

This is a quote that makes the critical political point:

Sen. Edward M. Kennedy (D-Massachusetts), in an interview published in the New York
Times on Tuesday, continued, “Is there any American that believes this? I don’t think so, but that is what’s happening, and we have to do everything we can to to insist on accountability.”

Kennedy said he will introduce legislation on Tuesday to require the president to get new Congressional authority before sending more troops to Iraq, according to a story by Jeff Zeleny. Kennedy is proposing the first bill in the Senate that would prohibit paying for an increase in American troops over their level on Jan. l. The Kennedy plan is intended to provide Democrats with a road map on how to proceed in Iraq.

Kennedy said that Congress interceded during conflicts in Vietnam and Lebanon, and Democrats should not hesitate to do so in Iraq.

“By law,” the article said, “Congress can limit the nature of troop deployment, cap the size of military deployments and cut financing for existing or prospective deployments.” To those who claim Congress ought not to cut off funds or intercede, the article pointed out that “since l970, there have been dozens of occasions in which Congress has tried to step into military action, from Haiti to Bosnia to Kosovo,” and it pointed its source as a memorandum being circulated Tuesday to Congress by the Center for American Progress, a liberal think tank.

The memorandum, linked below, cites specific examples of congressional intervention from the l970 Church-Cooper amendment that prohibited the use of any funds for the introduction of U.S. troops into Cambodia to the June l998 Congressional prohibition of funding for Bosnia after June 30, l998. It also included additional examples where congressional efforts to influence policy were not enacted into law, from a l994 move by then Senator Jesse Helms to prohibit funding for any U.S. military operations on Haiti to the prescient 2002 move by Rep. Spratt to require the president to seek congressional authority before using military force against Iraq without a UN resolution.

As the memo sums up, the “defeated provisions reflect attempts by Congress to shape the president’s policy on military deployments. Taken alongside the several examples listed above that were enacted into law, they demonstrate that the president should expect that Congress can and will shape U.S.
policy as it relates to military deployments.”

So: there is plenty of precedent and no excuse for Congress not to fight back fast and effectively to the president’s upcoming surge speech. Nancy? Nancy Pelosi to her credit is speaking up and rightlyi calling the surge “escalation” and proposing that Democrats consider blocking funds for any increase in troops. Keep it up. Support the Kennedy proposal or anything stronger. Keep the pressure on Nancy and the Congress. If these moves don’t work, as they probably won’t, then the question is: impeachment or continuing to waste the blood and treasure of the U.S. in a civil war without end. Alas, there is no other choice. B3

Center for American Progress: Congressional Limitations and Requirements for Military Deployments and Funding

Heads up, Speaker Pelosi

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By Tim Redmond

Cindy Sheehan is already upstaging the House Democrats and pushing the antiwar movement to play a greater role in the new Democratic Congress. Speaker Nancy Pelosi is going to have to deal with this sooner or later.

For now, I can’t even get Pelosi’s office to tell me if she’ll make a statement in support of Josh Wolf

The Off-Guard Awards

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› tredmond@sfbg.com

It was a bad year for Jesus. His most fanatical followers just couldn’t seem to keep their dicks out of trouble: a minister who was part of the religious right power circle — someone who routinely condemned gay marriage, gay sex, and homosexuality in general — was caught getting erotic massages from a gay hooker. A Republican congressional representative who was a loyal member of the bigoted majority had to resign after sending sexually explicit e-mails to page boys.

The Vatican announced that same-sex couples are no longer acceptable as adoptive parents and said that condoms are only OK (maybe) if used by married men with HIV but only to prevent disease (not to prevent conception).

And Ann Coulter said Bill Clinton was gay, and Rush Limbaugh got nabbed with illegal Viagra … and all I can say is, it was a banner year for the Offies.

WHAT DO YOU EXPECT? THEIR CANDIDATE WAS REAL ATTRACTIVE TOO.

Supporters of District 6 supervisorial candidate Rob Black tried to attack incumbent Chris Daly with campaign fliers featuring pee and poop.

THE GUYS WITH GUNS SHOULD HAVE DRESSED LIKE POLITICAL PROTESTERS; THE COPS WOULD HAVE BEEN ON THEM IN SECONDS.

More than 500 cops were on hand in the Castro on Halloween night, but nine people still got shot.

THE SANTA CLARA 49ERS. THAT HAS AN AUTHENTIC HISTORICAL RING.

San Francisco lost its Olympic bid when the 49ers without warning announced they would abandon plans for a stadium at Candlestick Point and move to Santa Clara.

TOO BAD THE MAYOR CUT WELFARE PAYMENTS; POOR ANNEMARIE MAY BE OUT ON THE STREETS AT ANY MOMENT.

Mayor Gavin Newsom blasted the SF supervisors for eliminating a $185,000-a-year job for former supervisor Annemarie Conroy, saying they were attacking her "livelihood."

THAT WORKED OUT WELL, DIDN’T IT?

Newsom said he would "run roughshod" over the San Francisco Police Department to find a way to identify problem officers.

HEY, THEY’RE ALL STONED UP THERE ANYWAY. NOBODY WILL NOTICE.

Newsom’s staff sent off 13 homeless people with one-way bus tickets to Humboldt County.

AND ALL ALONG HE’S DENIED HE’S SUPPOSED TO BE A GROWN-UP.

Newsom dated scientology fan Sofia Milos but denied he was a supporter of L. Ron Hubbard’s bizarre cult. Then he dated 19-year-old Brittanie Mountz but denied that he ever let her drink alcohol.

AND SUCH AN INTELLIGENT PEDOPHILE TOO.

Republican Mark Foley was forced to resign from Congress after he was confronted with sexually explicit e-mails he sent to underage male pages. "He didn’t want to talk about politics," one former page said. "He wanted to talk about sex or my penis."

HMMM … QUEER OR A DRUGGIE? QUEER OR A DRUGGIE? QUEER OR A DRUGGIE? GUESS I BETTER GO WITH THE DRUGS.

Rev. Ted Haggard, one of the nation’s leading Christian right evangelicals, was forced to step down from his ministry after evidence emerged that he had hired a gay hooker for regular trysts during which he snorted speed. Faced with the allegations, he denied the gay sex but copped to the meth.

THOSE CELL PHONE CONVERSATIONS BACK IN 1860 MUST HAVE BEEN PRETTY JUICY.

Attorney General Alberto Gonzalez defended the Bush administration’s secret electronic eavesdropping on private citizens by saying that Abraham Lincoln and Franklin Roosevelt did the same thing.

AND IF YOU DON’T HAVE $10 FOR THE CAB, JUST WALK — WHAT ARE YOU WORRIED ABOUT?

Senator Joe Lieberman said he thinks it’s fine for Catholic hospitals in his home state to refuse to give contraceptives to rape victims because in Connecticut it’s only a short taxi ride to another hospital.

IT’S GOOD TO KNOW HE’S ONLY A HEARTBEAT AWAY FROM HAVING HIS HANDS ON THE NUCLEAR TRIGGER.

Dick Cheney accidentally shot a campaign contributor while hunting quail.

BUT WHAT ABOUT HIS TERM AS VICE PRESIDENT OF DRUNKEN QUAIL-HUNTING SHOTGUN BLASTS? WE’RE THINKING THAT MIGHT STILL BE RUNNING.

Cheney told reporters that his term as "vice president for torture" was over.

THE DEVIL, OF COURSE, IS IN THE DETAILS.

A Vatican commission has recommended that Catholics be allowed to use condoms — but only married Catholics and only if the man is HIV-positive and his wife is not and only if the intent is to avoid the spread of AIDS, not to prevent conception.

ALLOWING PEDOPHILIC PRIESTS TO WATCH OVER THEM IS JUST FINE HOWEVER.

The Vatican announced that it would no longer approve of gay families adopting kids.

WE SAW WAY TOO MUCH. NOW WE KNOW WAY TOO MUCH.

After Britney Spears flashed her crotch for photographers while partying with Paris Hilton, she posted a poem on her Web site apparently aimed at her ex-husband, which concludes:

"You trick me twice, now it’s three / Look who’s smiling now / Damn, it’s good to be me!"

REPUBLICAN FAMILY VALUES: $165,200 A YEAR. THREE-DAY WORKWEEKS. CUT WELFARE BENEFITS. THEN WHINE.

When Democrats in Congress suggested that the House actually schedule work five days a week, Rep. Jack Kingston (R-Georgia) complained, "Keeping us up here eats away at families. Marriages suffer. The Democrats could care less about families — that’s what this says."

HE, ON THE OTHER HAND, WILL LOOK LIKE A @#$&!!!

Bush told CNN that same day: the war in Iraq will look like "just a comma."

WOW — THAT’S TWO CONFIRMED INCIDENTS OF ACTUAL READING. MAYBE THIS ONE WILL TURN OUT BETTER THAN MY PET GOAT.

Bush told reporters the Iraq Study Group report was so important that "I read it."

AND IF WE CAN’T EXECUTE EVERYONE WHO TRIES TO TELL THE TRUTH, THEN THE TERRORISTS WILL HAVE WON.

Attorney General Gonzalez told Sean Hannity that Bush is committed to bringing "the masterminds of the 9/11 Commission" to justice.

WE UNDERSTAND — THE REST OF THE COUNTRY HAS BEEN HAVING A LITTLE TROUBLE WITH THAT TOO.

Bush told Katie Couric that "one of the hardest parts of my job is to connect Iraq to the war on terror."

RELAX, LINDSAY — CHENEY SAYS HE’S GIVEN UP ON TORTURE.

Lindsay Lohan said she didn’t want anyone to know she was in favor of voting because "it’s safer that way."

SHE, ON THE OTHER HAND, MUST BE INTO ANAL — RAMPANT, UPTIGHT RIGHT-WING CHATTER DOES SHOW SOME LEVEL OF HAVING A STICK UP YOUR ASS.

Ann Coulter announced Bill Clinton was probably gay, since "that sort of rampant promiscuity does show some level of latent homosexuality."

COME ON, COULD THE LEADER OF THE FREE WORLD REALLY BE A DUMB FRAT BOY WHO NEVER GREW UP? NAH …

Bush addressed the prime minister of the United Kingdom as "yo, Blair."

ANOTHER DIFFERENCE BETWEEN DEMOCRATS AND REPUBLICANS — BILL CLINTON KEPT THIS SORT OF STUFF SAFELY IN THE OVAL OFFICE.

At a G8 summit meeting Bush inexplicably began to grope the chancellor of Germany, Angela Merkel.

POOR GUY — IF WE HAD PALS LIKE ANN COULTER, OUR DICKS WOULD BE LIMP TOO.

Rush Limbaugh was arrested at the Palm Beach airport when a search of his luggage revealed a jar of Viagra pills with someone else’s name on them. Limbaugh said he had them prescribed under his doctor’s name to avoid embarrassment.

THEY DODGE THE DRAFT, START IMMORAL WARS, AND GROPE FOREIGN DIGNITARIES. GLAD TO KNOW THEY FART A LOT TOO.

Former Republican senator and Iraq Study Group member Alan Simpson indirectly criticized the Bush administration’s refusal to compromise on anything: "A 100-percenter is a person you don’t want to be around. They have gas, ulcers, heartburn, and BO."

THE PASSION OF THE SHIT-FACED BIGOT

Mel Gibson was arrested on suspicion of drunken driving and told a Los Angeles County deputy sheriff that "the Jews are responsible for all the wars in the world." He later asked a female deputy, "What are you looking at, sugar tits?"

PROVING ONCE AGAIN THAT THE US SENATE HAS PLENTY OF ROOM FOR PEOPLE WHO ARE BOTH RACIST AND STUPID.

Virginia senator George Allen referred to a Virginia native of Indian descent as a "macaca."

OF COURSE, BACK WHERE HE COMES FROM, IT’S SO MUCH EASIER TO FIGURE OUT WHOM TO HATE.

Senator Trent Lott of Mississippi told reporters that it’s hard for Americans to understand "what’s wrong" with Iraqis: "Why do they hate the Israelis and despise their right to exist? Why do they hate each other? Why do Sunnis kill Shiites? How do they tell the difference?"

NOW IF YOU COULD JUST GET YOUR FUCKING FOOT OUT OF YOUR MOUTH.

Comedian Michael Richards, who played Kramer in Seinfeld, denounced a heckler at an LA comedy club by calling him a "nigger" and saying that "50 years ago, we’d have had you upside down with a fucking fork up your ass."

PERFECT — NOW HE’S READY TO RUN FOR THE US SENATE.

California governor Arnold Schwarzenegger proclaimed that Cubans and Puerto Ricans were "very hot" because of their mixed "black blood" and "Latino blood." *

Stop the Iraq escalation

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EDITORIAL The more the evidence shows the war in Iraq is a failure that’s only getting worse, the deeper the denial seems to be at the White House. Earlier this month President George Bush made clear that he wouldn’t follow the Iraq Study Group’s recommendations for a withdrawal deadline. Now he’s going a huge step in the opposite direction: he’s suggesting the United States send as many as 30,000 more troops to Iraq. This is insanity and another good reason why Congress needs to begin hearings on impeachment.


Almost everyone who is paying any attention to the situation thinks more US troops would be at best a waste of a lot of lives and money and at worst a cause of further instability in the region. General John Abizaid, the senior military commander in the Middle East, told the New York Times that bringing more soldiers into Iraq from abroad would only increase tensions. "[Abizaid] argues that foreign troops are a toxin bound to be rejected by Iraqis, and that expanding the number of American troops merely puts off the day when Iraqis are forced to take responsibility for their own security," the Times reported Dec. 19. General George W. Casey Jr., who commands the ground troops in Iraq, agrees with that assessment. According to the Washington Post, the Joint Chiefs of Staff do too — and are arguing against expanding the US force.


The clear majority of military leaders agree that the armed forces are stretched too thin by this war; that units being forced into repeated, longer deployments are coming unglued; and that there simply aren’t enough available troops to meet Bush’s goals. That means existing deployments would drag on even longer, more reservists would be called up, more National Guard units would be sent into a war they were never trained to fight — and it means more and more soldiers will be coming back in body bags.


But Bush (who has argued in the past against "politicizing" military decisions) doesn’t seem to care. He has asked the Pentagon to look at adding between 15,000 and 30,000 more troops to the quagmire and will likely announce in early January that he will escalate the war instead of moving to end it.

Not all the Democrats are standing in his way either: Sylvester Reyes, the new head of the Intelligence Committee, told Newsweek recently, "We’re not going to have stability in Iraq until we eliminate those militias, those private armies. We have to consider the need for additional troops to be in Iraq, to take out the militias and stabilize Iraq…. I would say 20,000 to 30,000 — for the specific purpose of making sure those militias are dismantled, working in concert with the Iraqi military."


That nonsense has to stop. The Democrats control the Senate and House today for exactly one reason: people in this country are sick of the war. If the Democratic Party wants to remain in power for more than two years and have any chance of recapturing the White House, incoming speaker Nancy Pelosi and Senate Majority Leader Harry Reid need to immediately make clear that they won’t allow Bush’s plans to go forward.


Fiscal sanity alone makes a compelling argument: Bush’s escalation would bring the total cost of the war in Iraq to $600 billion — more than the United States spent in the entire Vietnam War (even adjusted for inflation).

The quickest way to end this madness is for Congress to cut off funding for any additional troops — and for the leadership to allow articles of impeachment to be introduced, debated, and voted on. *

Gavin Newsom’s datebook

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EDITORIAL Kirsten Gillibrand, a newly elected member of Congress from Hudson, NY, has made a simple promise that could have dramatic impacts — and that should serve as a model for public officials like Mayor Gavin Newsom. Gillibrand, according to the New York Times, has promised to post her work calendar — all of it, including the names of lobbyists she’s met with — on the Web at the end of every day. It’s hardly an onerous task — any competent staffer can do the work in a matter of minutes. And it will, she says, give her constituents a clear idea of what she’s doing to earn her public salary.
There’s a broader benefit, of course: by releasing a full account of how she spends her time, Gillibrand will go a long ways toward eliminating what the Times calls “the secrecy that cloaks the dealings of lawmakers and deep-pocket special interests.” A broad-based move like this will help restore voters’ faith in government — a huge deal for the Democratic Party and for the future of American politics. Incoming House speaker Nancy Pelosi ought to join Gillibrand and direct the rest of the House Democrats to do the same.
And we hope Mayor Newsom is paying attention.
Newsom is not a terribly accessible mayor. His public appearances are typically crafted to give him the spotlight without any potential for embarrassment. He’s refusing to comply with the will of the voters and appear before the Board of Supervisors to answer questions. And despite the provisions of the San Francisco Sunshine Ordinance, he continues to resist publicizing his full schedule.
Wayne Lanier, a retired scientist who lives in the Haight Asbury, has been trying for some time to get the mayor’s calendar and on Dec. 11 filed a complaint with the Sunshine Ordinance Task Force. What Lanier wants ought to be pretty straightforward information: there’s no reason the mayor can’t provide a list of whom he met with last week and whom he’s scheduled to meet with next week. But even when the mayor has provided that sort of information in the past, it’s been limited and spotty: all kinds of supposedly private meetings don’t make the list. It’s a good bet he’s involved in all manner of talks with lobbyists and deep-pocket interests who are never publicly identified.
Newsom is up for reelection next year and so far has no visible challengers. So it’s even more important that he not duck public requests for information. He should do exactly what Gillibrand promises to do: tell the public, promptly and without undue redaction, just how he’s spending his time.SFBG

Powell, Baker, Hamilton — Thanks for Nothing

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When Colin Powell endorsed the Iraq Study Group report during his Dec. 17 appearance on “Face the Nation,” it was another curtain call for a tragic farce.

Four years ago, “moderates” like Powell were making the invasion of Iraq possible. Now, in the guise of speaking truth to power, Powell and ISG co-chairs James Baker and Lee Hamilton are refueling the U.S. war effort by depicting it as a problem of strategy and management.

But the U.S. war effort is a problem of lies and slaughter.

The Baker-Hamilton report stakes out a position for managerial changes that dodge the fundamental immorality of the war effort. And President Bush shows every sign of rejecting the report’s call for scaling down that effort.

Meanwhile, most people in the United States favor military disengagement. According to a new Wall Street Journal / NBC News poll, “Seven in 10 say they want the new Congress to pressure the White House to begin bringing troops home within six months.”

The nationwide survey came after the Baker-Hamilton report arrived with great — and delusional — expectations. In big bold red letters, the cover of Time predicted that the report would take the White House by storm: “The Iraq Study Group says it’s time for an exit strategy. Why Bush will listen.”

While often depicted as a rebuff to the president’s Iraq policies, the report was hardly a prescription for abandoning the U.S. military project in Iraq — as Baker was at pains to repeatedly point out during a whirlwind round of network interviews.

Hours after the report’s release on Dec. 6, Baker told PBS “NewsHour” host Jim Lehrer that the blue-ribbon commission was calling for a long-term U.S. military presence: “So our commitment — when we say not open-ended, that doesn’t mean it’s not going to be substantial. And our report makes clear that we’re going to have substantial, very robust, residual troop levels in Iraq for a long, long time.”

Baker used very similar phrasing the next morning in an interview on ABC’s “Good Morning America” — saying that the report “makes clear we’re going to have a really robust American troop presence in Iraq and in the region for a long, long time.”

That was 24 hours into the report’s release, when media spin by Baker and Hamilton and their allies was boosting a document that asserted a continual American prerogative to devote massive resources to war in Iraq and elsewhere in the Middle East. And, in a little-noted precept of the report, it said: “The United States should assist Iraqi leaders to reorganize the national oil industry as a commercial enterprise.”

In short, the Baker-Hamilton report was a fallback position for U.S. military intervention — and for using Pentagon firepower on behalf of U.S.-based oil companies. But the report’s call for tactical adjustments provoked fury among the most militaristic politicians and pundits. Their sustained media counterattack took hold in short order.

President Bush wriggled away from the panel’s key recommendations — gradual withdrawal of many U.S. troops from Iraq and willingness to hold diplomatic talks with Syria and Iran. War enthusiasts like Sen. John McCain denounced the report as a recipe for retreat and defeat. The New York Post dubbed Baker and Hamilton “surrender monkeys.” Rush Limbaugh called their report “stupid.”

By the time its one-week anniversary came around, the Baker-Hamilton report looked about ready for an ashcan of history. Bush had already postponed his announcement of a “new strategy for Iraq” until after the start of the new year — a delay aimed at cushioning the president from pressure to adopt the report’s central recommendations. Even the limited punch of the report has been largely stymied by the most rabidly pro-war forces of American media and politics.

But those forces don’t really need to worry about the likes of Colin Powell, James Baker and Lee Hamilton — as long as the argument is over how the U.S. government should try to get its way in Iraq.

“We are losing — we haven’t lost — and this is the time, now, to start to put in place the kinds of strategies that will turn this situation around,” Powell told CBS viewers on Dec. 17. That sort of talk stimulates endless rationales for continuing U.S. warfare and facilitates the ongoing escalation of the murderous U.S. air war in Iraq.

Powell’s mendacious performance at the U.N. Security Council, several weeks before the invasion of Iraq, is notorious. But an obscure media appearance by Powell, when he was interviewed by the French network TV2 in mid-September 2003, sheds more light on underlying attitudes that unite the venture-capitalist worldviews of “moderates” like Colin Powell and “hardliners” like Dick Cheney.

Trying to justify Washington’s refusal to end the occupation, Powell
explained: “Since the United States and its coalition partners have invested a great deal of political capital, as well as financial resources, as well as the lives of our young men and women — and we have a large force there now — we can’t be expected to suddenly just step aside.”

_____________________________

Norman Solomon’s book “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death” is out in paperback. For more information, go to: www.normansolomon.com

A memo to constituents of Rep. Nancy Pelosi

2

By Bruce B. Brugmann

To fellow San Franciscans:

Now that even the San Francisco Chronicle/Hearst has declared in a lead front page story that Pelosi will legislate
“from the middle,” the Guardian recommends at minimum three specific proposals for her constituents to push theincoming speaker of the house to do to seriously represent San Francisco values.

l. Pelosi needs to allow Congress to start impeachment proceedings against President Bush and Vice-President Cheney. Bush has rejected the modest recommendations of the Iraq Study Group and Friday’s New York Times reported in one story that Sen. John McCain as saying in Baghdad that the “military considers sending as many as 35,000 more U.S. troops to Iraq” and another story that “Top commanders appear set to urge larger U.S. military.” Only impeachment proceedings will provide the leverage to halt the terrible losses of blood and treasure. See current Guardian editorial link above “Impeachment is now the only option.”

2. Pelosi needs to use the power of her new office to help pass a federal shield law that would uphold the rights of journalists and news outlets to protect the identity of their sources and to keep possession of their unpublished/unaired material. In the meantime, she needs to help push the Bush administration to stop wrongfully persecuting Joshua Wolfe, a 24-year-old freelance videophotograher now in federal prison in Dublin for refusing to give up his unedited tapes of a 2005 demonstration in San Francisco. He is the only journalist in jail in the U.S., has been in jail longer than any U.S. journalist ever and may stay in jail until the new federal grand jury is impaneled next July. She ought to also help push the Bush administration to hold its fire against two reporters from the Chronicle who face l8 months in jail for refusing to reveal the sources of a grand jury investigation in the Balco scandal. My feeling is that these abusive actions against the press in San Francisco by the Bush adminstration have targeted our city because of its San Francisco values, in this case its tradition of dissent and anti-war activity. Pelosi could start on this issue and promote lots of good will by meeting with the mother and supporters of Wolf. (See link below.)

3. Pelosi needs to introduce and push a a bill to eliminate the Presidio Trust, return the land to the National Park Service where it belongs, and overturn the precedent that is leading to a conservative movement to privatize the National Park system. She made the original mistake of leading the move to privatize the Presidio, on the phony argument of saving it from the Republicans, but now her Democrats are in power and it is time for her to right the wrong. Otherwise, the private Presidio Trust will keep asking for and getting tens of millions of federal money to subsidize a private, commercially driven, ruinous park operation, without sunshine and accountability, without any city zoning control, in growing opposition to neighborhors. Most important, the Pelosi park principle will further fuel the move to privatize the national park system. In effect, Pelosi created the model for the theft of one of our greatest resources, the national park system. (See Guardian editorial link, “A key test for Pelosi.”)

These are some real San Francisco values for Pelsoi to support. If she doesn’t, she risks leaving a legacy for failing to stop the Iraq War and selling off the Presidio and establishing the precedent for selling of our national parks. B3, celebrating San Francisco values since l966

PS: How to help Josh after the jump

A key test for Pelosi

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EDITORIAL Rep. Nancy Pelosi’s signature legislation came out of a Republican Congress. It was shortly after Newt Gingrich and his gang took control of the House that Pelosi began moving to privatize the Presidio; she argued that the GOP majority would never fund a real national park in San Francisco and the only way to prevent Congress from trying to sell off the land the military no longer wanted was to find a mechanism that wouldn’t cost any money and would be palatable to the archconservatives who were calling the shots.
When she’s criticized for the bill — and that’s been happening a lot lately — she replies, in effect: we had no choice. If we wanted to save this remarkable 1,400-acre parcel of land, we had to play the Republicans’ game. And indeed, her approach was everything that the Gingriches of the world liked: instead of using tax dollars to fund a national park (something that had been done since the birth of the National Park System), she created the semiprivate Presidio Trust, which was charged with raising enough cash through development and rents to pay the park’s own way by 2013.
Now we have George Lucas operating a commercial office building in the middle of the park and housing renting out at top market rates to wealthy tenants and a plan to turn a former hospital near Lake Street into a dense luxury condo complex — and, in general, the future of the park being driven by commercial interests.
But things are different now: Pelosi, not Gingrich, is calling the shots. The Democrats control both houses of Congress, the president is a lame duck bogged down in a war that is making him more unpopular by the day — and for the first time since the Sixth Army moved out and the privatizers moved in, there is no political reason why Pelosi can’t amend her bill and change the way the Presidio is run.
It’s clear that the current system isn’t working. The federal government keeps pouring big money into subsidizing the private ventures in the park. The Sierra Club, which initially supported Pelosi’s bill, is now demanding reform.
This is a test of how Pelosi will use her new power — and whether she was telling the truth when she blamed the privatization of the park on Republicans. She needs to introduce and push a bill to eliminate the Presidio Trust, turn the land over to the National Park Service, and manage it in the interest of the public, not private profit. SFBG

Impeachment is now the only option

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EDITORIAL We can all stop hoping and pretending now: the facts are in. No matter what anyone right, left, or center says, no matter what the truth is on the ground, no matter how clear and powerful public opinion has become, President George W. Bush isn’t going to change anything about the war in Iraq.
That’s what we saw from the president’s press conference with British prime minister Tony Blair on Dec. 7 and from his statements since. He’s not going to start withdrawing troops, and he’s not going to negotiate with other regional powers.
The Iraq Study Group report has its flaws. It talks about diplomatic discussions with Iran and Syria, but it stops short of describing the real reason the United States is bogged down in the Middle East (the lack of a coherent energy policy that doesn’t rely on foreign oil). It suggests that the United States should leave the job of rebuilding Iraq to Iraqis but fails to state that the country responsible for all the problems should play a role in paying for its solutions. And it would leave thousands of US soldiers in Iraq as advisers for the long term, putting them in serious jeopardy.
Still, it’s at least a dose of badly needed reality. The report acknowledges that the Bush administration’s current policies have made an awful mess of Iraq, that the situation is deteriorating, and that continuing the current path isn’t an acceptable option. And it recommends that all combat forces leave Iraq by 2008.
That such a broad-based, bipartisan panel would reach that conclusion unanimously isn’t really that much of a surprise. Everyone with any sense in Washington and around the world these days agrees that the United States needs to set a timetable for withdrawal. Thomas Friedman, the New York Times columnist who initially supported the war and has long argued that some good could still come out of it, wrote Dec. 8 that the group’s recommendations “will only have a chance of being effective if we go one notch further and set a fixed date — now — for Americans to leave Iraq.” Even conservative syndicated columnist George Will noted the same day that “the deterioration is beyond much remediation.”
As long as the United States retains combat troops in Iraq, they will be the target of sectarian violence and the focus of that war. When they leave, the Iraqis will have no obvious villain, and there might be an actual hope for a long-term resolution.
The notion of an all-out Kurd versus Shiite versus Sunni civil war isn’t going to make anyone in Damascus or Tehran happy, since those two governments will be caught in the middle. And a clear statement from the United States that American troops will be leaving on a specific date not too far in the future is, the majority of experts agree, the only way to bring all the parties to the table for a serious and meaningful discussion.
And yet Bush and Dick Cheney remain alone, aloof, refusing to acknowledge that military victory in Iraq is utterly impossible and that the old mission of establishing a US client state in the Middle East will never be accomplished.
The death toll for US troops is approaching 3,000. The cost is running at $250 million a day. This simply can’t be allowed to continue. If Bush and Cheney refuse to begin a withdrawal program, then Congress needs to act decisively on two fronts.
The first is to inform the president that under the Constitution, Congress has the sole power to declare war and this Congress will no longer pay for Bush’s military adventure in Iraq.
But there’s a larger problem here. Bush and Cheney have lied to the American people, taken us into war on the basis of fraudulent information, and violated their oaths of office. Back in January we called on Congress to begin debating articles of impeachment; the GOP-controlled House wasn’t about to do that. But things are different now. The voters have made it very clear that they don’t like the president’s war, and the Democrats have a clear mandate for change.
Impeachment is serious business, but Bush has left us no alternative. We can’t simply allow the war to continue as it has been, year after bloody year, until Bush’s term expires.
The only thing holding up impeachment hearings is the word of the incoming speaker, Nancy Pelosi, who said during the campaign that option was “not on the table.” Well, it ought to be on the table now. Pelosi should publicly inform Democratic leaders in the House who support impeachment that she won’t block an impeachment effort. And her constituents in San Francisco need to keep the pressure on her to allow Congress to move forward on its most important responsibility in decades.
This isn’t going to be easy. Even the San Francisco Chronicle now acknowledges that Pelosi is governing like a moderate. It will take a reenergized peace movement and a huge new national mobilization to put pressure on her and every member of Congress. But the stakes are too high to wait. It’s time to start, today. SFBG

{Empty title}

0

We can all stop hoping and pretending now: The facts are in. No matter what anyone, right, left or center says, no matter what the truth is on the ground, no matter how clear and powerful public opinion has become, President Bush isn’t going to change anything about the war in Iraq.
That’s what we saw from the president’s press conference with British Prime Minister Tony Blair Dec. 7th, and from his statements since. He’s not going to start withdrawing troops, and he’s not going to negotiate with other regional powers.
The Iraq Study Group report has its flaws. It talks about diplomatic discussions with Iran and Syria, but it stops short of describing the real reason the U.S. is bogged down in the Middle East (the lack of a coherent energy policy that doesn’t rely on foreign oil). It suggests that the U.S. should leave the job of rebuilding Iraq to Iraqis, but fails to state that the country that created all the problems should play a role in paying for their solutions. And it would leave thousands of U.S. soldiers in Iraq as advisors for the long term, putting them in serious jeopardy.
Still, it’s at least a dose of badly needed reality here. The report acknowledges that the Bush Administration’s current policies have made an awful mess of Iraq, that the situation is deteriorating, and that continuing the current path isn’t an acceptable option. And it recommends that all combat forces leave Iraq by 2008.
That such a broad-based, bipartisan panel, which includes hard-core conservatives like Edwin Meese III and Alan Simpson, would reach that conclusion unanimously isn’t really that much of a surprise. Everyone with any sense in Washington and around the world these days agrees that the U.S. needs to set a timetable for withdrawal. Thomas Friedman, the New York Times columnist who initially supported the war and who has long argued that some good could still come out of it, wrote Dec. 8 that the group’s recommendations “will only have a chance of being effective if we go one notch further and set a fixed date – now – for Americans to leave Iraq.” Even George Will noted the same day that “the deterioration is beyond much remediation.”
Let’s face it: Iraq as a modern nation is entirely an artificial construct, lashed together by the British out of the ruins of the Ottoman Empire at the end of World War I. There are bitter, ancient divisions between religious, ethnic and tribal groups, and it’s no surprise that once the dictatorial central government of Saddam Hussein was overthrown, the factions would have trouble working together. Now, through U.S. bungling, they are engaged in what can only be called a civil war.
As long as the United States retains combat troops in Iraq, they will be the target of sectarian violence and will be the focus of that war. When they leave, the Iraqis will have no obvious villain, and there might be an actual hope for a long-term resolution.
The notion of an all-out Kurd vs. Shiite vs. Sunni civil war isn’t going to make anyone in Damascus or Tehran happy, since those two countries will be caught in the middle. And a clear statement from the U.S. that American troops will be leaving on a specific date, not too far in the future, is, the majority of experts agree, the only way to bring all the parties to the table for a serious and meaningful discussion. That could lead to a United Nations conference, among all the regional powers; the final outcome might be a division of Iraq into several states, as Senator Joe Biden and others have suggested.
And yet, Bush and Cheney remain alone, aloof, refusing to acknowledge that military “victory” in Iraq is utterly impossible and that the old mission of establishing a U.S. client state in the middle east will never be accomplished.
The death toll for U.S. troops is approaching 3,000. The cost is running at $250 million a day. This simply can’t be allowed to continue. If Bush and Cheney refuse to begin a withdrawal program, then Congress needs to act, decisively, on two fronts.
The first is to inform the president that under the Constitution, Congress has the sole power to declare war, and this Congress will no longer pay for Bush’s military adventure in Iraq. Congress should set a deadline for troop withdrawal and announce that funds for the war will be cut off on that date.
But there’s a larger problem here. Bush and Cheney have lied to the American people, taken us into war on the basis of fraudulent information, perpetrated an unjust and unjustifiable war and violated their oaths of office. Back in January, we called on Congress to begin debating articles of impeachment; the GOP-controlled House wasn’t about to do that. But things are different now. The voters have made it very clear that they don’t like the president’s war, and the Democrats have a clear mandate for change.
Impeachment is serious business, but Bush has left us no alternative. We can’t simply allow the war to continue as it has been, year after bloody year, until Bush’s term expires.
The only thing holding up impeachment hearings is the word of the incoming speaker, Nancy Pelosi, who said during the campaign that that option was “not on the table.” Well, it ought to be on the table now. Pelosi should publicly inform Democratic leaders in the House who support impeachment know that she won’t block an impeachment effort. And her constituents in San Francisco need to keep the pressure on her to allow Congress to move forward on its most important responsibility in decades.
This isn’t going to be easy. It will take a re-energized peace movement and a huge new national mobilization. But the stakes are too high to wait. It’s time to start, today.

What you can do

0

What: Free Josh Wolf!
When: Thursday, December 7th 2006, 7:30pm
Where: Balazo, 2183 Mission Street @18th, 415-255-7227

On December 7th, journalists, activists, and local leaders will come
together to call upon the United States Government to free independent
videographer and freelance journalist Josh Wolf. He is currently in
“coercive custody” at the Federal Detention Facility in Dublin, California.
He is not charged with any crime. Please join us for a night of music,
inspiring speakers, and action in support of Josh Wolf and to demand that
Congress pass a Federal Shield Law protecting journalists and freedom of the

press. $10 Suggested Donation. No one turned away for lack of funds. For
more information about Josh Wolf go to www.joshwolf.net. Contact:
andy.blue@yahoo.com.

To read Josh’s prison blog, click here

Free Josh Wolf Support Update
11/14/06

http://joshwolf.net/blog/
http://freejosh.pbwiki.com

*****************************
In this email:
1) Legal Update
2) Josh Wins Society of Professional Journalists’ Journalist of the Year
Award
3) Josh Wins 2 Vloggy Awards
4) New Flyers!
5) Josh Can Receive More Books
6) How Can I Support Josh?
*****************************

1)Legal Update

See story

*****************************

2) Josh Wins Society of Professional Journalists’ Journalist of the Year
Award http://www.spj.org/norcal/
http://www.indybay.org/newsitems/2006/11/10/18328773.php

“On Thursday, November 9th, Northern California Chapter of the Society
of Professional Journalists held their annual banquet. Of the many
honors that were bestowed on people, arguably the most prestigious,
Journalist of the Year, went to imprisoned video documentarian, Josh
Wolf, along with other grand jury subpoena resisters, San Francisco
Chronicle sports writers, Lance Williams and Mark Fainaru-Wada.

Wolf’s mother, teacher Liz Wolf-Spada, accepted the award on behalf of
her son. Wolf, who had been imprisoned, released and then
re-imprisoned, has served a total of 82 days in a federal penitentiary
for refusing to turn over his unedited video footage of a July 2005
San Francisco protest. From: Indybay.org

Read Josh’s Acceptance Speech: http://www.joshwolf.net/blog/?p=277

*****************************

3) Josh Wins 2 Vloggy Awards

Josh’s video, All Empires Must Fall, received the Judge’s Choice Award
for Most Controversial Video and the People’s Choice Award for Best
Male Vlogger.

Read Josh’s Acceptance Speech: http://www.joshwolf.net/blog/?p=273

*****************************

4) New Flyers!

Thanks to Njeri for making these awesome flyers!

You can download them here:
http://freejosh.pbwiki.com/f/joshwolf_flyer.pdf
And view them here: http://freejosh.pbwiki.com/Flyers%20and%20Graphics

*****************************

5) Josh Can Receive More Books

Josh is ready for more books! THANKS!
http://freejosh.pbwiki.com/Send%20Josh%20Books

Please consider sending a book to Josh while he is being held in
prison. It’s a great way to show your support for him!

Josh’s Book Wish List:
Days of War, Nights of Love – The Crimething Ex-Workers Collective Logic
and Contemporary Rhetoric – Howard Kahane

*****************************

5) How Can I Support Josh?

10 WAYS TO SUPPORT JOSH http://freejosh.pbwiki.com/Help%20Support%20Josh

There are lots of things we can all be doing to help Josh.

Here are the top 10 ways

1) SEND LETTERS and maintain correspondence with Josh while he is
incarcerated. We need to let Josh know that we are thinking of him and
supporting his courageous and important stand. Visit:
http://freejosh.pbwiki.com/Write%20Josh%20Letters for info on how to
send a letter to Josh. Please remember that all of Josh?s letters are
read by the prison authorities and it may take a while for your letter
to reach him.

2) SEND A BOOK to Josh. Find Josh’s book wish list and info on how to
get him a book visit: http://freejosh.pbwiki.com/Send%20Josh%20Books

3) READ HIS BLOG from prison. Josh’s blog is still being updated by
his family and friends. Letters from Josh will be posted as they are
received. http://joshwolf.net/blog/

4) DISTRIBUTE FLYERS about his case:
http://freejosh.pbwiki.com/Flyers%20and%20Graphics

5) DONATE to Josh’s support fund via Paypal:
http://joshwolf.net/grandjury/donate.html

6) PLAN BENEFIT CONCERTS AND EVENTS to raise money. There have been
several concerts and fundraisers thrown recently to support Josh. If
you are interested in hosting a concert or other type of fundraiser
please contact Josh’s support team at: freejosh(at)joshwolf.net so we
can assist you with publicizing your event.

7) JOIN AND PARTICIPATE in the Support Josh Wolf Email List:
http://lists.riseup.net/www/info/supportjoshwolf

8) PROMOTE JOSH’S CASE. Write letters and articles of support for Josh
to your local media. Blog about his case. Link to his blog and wiki.
Post “support Josh” banners on your blogs and webpages:
http://freejosh.pbwiki.com/Flyers%20and%20Graphics

9) SEND LETTERS to the other inmates who are being incarcerated along
with Josh at FCI Dublin. You can get their contact information at:
http://freejosh.pbwiki.com/Write%20Josh%20Letters

10) BECOME INVOLVED WITH THE SUPPORT TEAM. Email:
freejosh(at)joshwolf.net or the Email List if you are interested in
getting more involved. We still need people willing to help with tech
support, organizing, fundraising, graphic design, publicity, media and
legal support. Send an email to the support team indicating how you
would like to help and we will plug you in!

The new Iraq-war media offensive

0

The American media establishment has launched a major offensive against the option of withdrawing U.S. troops from Iraq.

In the latest media assault, right-wing outfits like Fox News and The Wall Street Journal editorial page are secondary. The heaviest firepower is now coming from the most valuable square inches of media real estate in the USA — the front page of The New York Times.

The present situation is grimly instructive for anyone who might wonder how the Vietnam War could continue for years while opinion polls showed that most Americans were against it. Now, in the wake of midterm elections widely seen as a rebuke to the Iraq war, powerful media institutions are feverishly spinning against a pullout of U.S. troops.

Under the headline “Get Out of Iraq Now? Not So Fast, Experts Say,” the Nov. 15 front page of the Times prominently featured a “Military Analysis” by Michael Gordon. The piece reported that — while some congressional Democrats are saying withdrawal of U.S. troops “should begin within four to six months” — “this argument is being challenged by a number of military officers, experts and former generals, including some who have been among the most vehement critics of the Bush administration’s Iraq policies.”

Reporter Gordon appeared hours later on Anderson Cooper’s CNN show, fully morphing into an unabashed pundit as he declared that withdrawal is “simply not realistic.” Sounding much like a Pentagon spokesman, Gordon went on to state in no uncertain terms that he opposes a pullout.

If a New York Times military-affairs reporter went on television to advocate for withdrawal of U.S. troops as unequivocally as Gordon advocated against any such withdrawal during his Nov. 15 appearance on
CNN, he or she would be quickly reprimanded — and probably would be taken off the beat — by the Times hierarchy. But the paper’s news department eagerly fosters reporting that internalizes and promotes the basic worldviews of the country’s national security state.

That’s how and why the Times front page was so hospitable to the work of Judith Miller during the lead-up to the invasion of Iraq. That’s how and why the Times is now so hospitable to the work of Michael Gordon.

At this point, categories like “vehement critics of the Bush administration’s Iraq policies” are virtually meaningless. The bulk of the media’s favorite “vehement critics” are opposed to reduction of U.S. involvement in the Iraq carnage, and some of them are now openly urging an increase in U.S. troop levels for the occupation.

These days, media coverage of U.S. policy in Iraq often seems to be little more than a remake of how mainstream news outlets portrayed Washington’s options during the war in Vietnam. Routine deference to inside-the-Beltway conventional wisdom has turned many prominent journalists into co-producers of a “Groundhog Day” sequel that insists the U.S. war effort must go on.

During the years since the fall of Saddam, countless news stories and commentaries have compared the ongoing disaster in Iraq to the
Vietnam War. But those comparisons have rarely illuminated the most troubling parallels between the U.S. media coverage of both wars.

Whether in 1968 or 2006, most of the Washington press corps has been at pains to portray withdrawal of U.S. troops as impractical and unrealistic.

Contrary to myths about media coverage of the Vietnam War, the
American press lagged way behind grassroots antiwar sentiment in seriously contemputf8g a U.S. pullout from Vietnam. The lag time amounted to several years — and meant the additional deaths of tens of thousands of Americans and perhaps 1 million more Vietnamese people.

A survey by the Boston Globe, conducted in February 1968, found that out of 39 major daily newspapers in the United States, not one had editorialized for withdrawing American troops from Vietnam. Today — despite the antiwar tilt of national opinion polls and the recent election — advocacy of a U.S. pullout from Iraq seems almost as scarce among modern-day media elites.

The standard media evasions amount to kicking the bloody can down the road. Careful statements about benchmarks and getting tough with the Baghdad government (as with the Saigon government) are markers for a national media discourse that dodges instead of enlivens debate.

Many journalists are retreading the notion that the pullout option is not a real option at all. And the Democrats who’ll soon be running
Congress, we’re told, wouldn’t — and shouldn’t — dare to go that far if they know what’s good for them.

Implicit in such media coverage is the idea that the real legitimacy for U.S. war policymaking rests with the president, not the Congress. When I ponder that assumption, I think about 42-year-old footage of the CBS program “Face the Nation.”

The show’s host on that 1964 telecast was the widely esteemed
journalist Peter Lisagor, who told his guest: “Senator, the Constitution gives to the president of the United States the sole
responsibility for the conduct of foreign policy.”

“Couldn’t be more wrong,” Sen. Wayne Morse broke in with his sandpapery voice. “You couldn’t make a more unsound legal statement than the one you have just made. This is the promulgation of an old fallacy that foreign policy belongs to the president of the United States. That’s nonsense.”

Lisagor was almost taunting as he asked, “To whom does it belong then, Senator?”

Morse did not miss a beat. “It belongs to the American people,” he shot back — and “I am pleading that the American people be given the facts about foreign policy.”

The journalist persisted: “You know, Senator, that the American people cannot formulate and execute foreign policy.”

Morse’s response was indignant: “Why do you say that? … I have complete faith in the ability of the American people to follow the facts if you’ll give them. And my charge against my government is, we’re not giving the American people the facts.”

Morse, the senior senator from Oregon, was passionate about the U.S. Constitution as well as international law. And, while rejecting the widely held notion that foreign policy belongs to the president, he spoke in unflinching terms about the Vietnam War. At a hearing of the Senate Foreign Relations Committee, on Feb. 27, 1968, Morse said that he did not “intend to put the blood of this war on my hands.”

And, prophetically, Morse added: “We’re going to become guilty, in my judgment, of being the greatest threat to the peace of the world.
It’s an ugly reality, and we Americans don’t like to face up to it.”

_____________________________

Norman Solomon’s latest book, “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death,” is out in paperback. For information, go to:www.warmadeeasy.com

Turning point

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It’s amazing what the New York Times can find newsworthy. On a night when progressives in San Francisco racked up an impressive list of victories — and the popular mayor, often described as a rising star in state and national politics, got absolutely walloped — the nation’s newspaper of record led an online report on city politics with this gem: “A bike-riding member of the Board of Supervisors apparently won re-election while his wife was reported to have screamed an epithet at opponents.”
The Times story, by Jesse McKinley, called it “just another night in San Francisco’s iconoclastic politics,” meaning, apparently, that only in this city would a politician ride a bicycle and only here would a politician’s wife use foul language in public.
Please.
For the record: Sarah Low Daly — who watched her husband, Chris, get pummeled mercilessly for weeks by brutal attack ads paid for by, among others, the Golden Gate Restaurant Association — did dismiss “those motherfuckers” with a colorful epithet that no less than the vice president has used on the floor of Congress but that can’t ever appear in the New York Times.
But allow us a little context here.
Daly’s wife had every right to celebrate on election night — and every right to slam the forces that were so unwilling to accept a living wage for local workers, sick pay for employees, requirements that developers pay for affordable housing, and the rest of Supervisor Daly’s progressive agenda, which had made him the subject of a Karl Rove–style smear campaign.
And the Times (as well as the embittered blogger at the San Francisco Sentinel who leveled personal insults at the supervisor’s wife) utterly missed the point of what went on in San Francisco last week.
This was a watershed in city politics, an election that may turn out to have been every bit as important as the 2000 ballot that broke the back of the Brown-Burton machine. It was evidence that district elections work, that downtown money doesn’t always hold the day — and that Mayor Gavin Newsom made a very bad political mistake by aligning himself with some of the most intolerant, unpleasant, and ineffective forces in local politics.
NEWSOM THE LOSER
We ran into Newsom’s press secretary, Peter Ragone, the day after the election and asked him the obvious question: “Not a very good night for the mayor, huh?”
It was a hard point to argue: Newsom put immense political capital into two key races and was embarrassed in both of them. He worked hard for Rob Black, the downtown candidate trying to oust Daly in District 6, showing up at Black’s rallies, walking the streets with him, talking about the importance of the race, and helping him raise funds. His handpicked contender in District 4 was Doug Chan, a former police commissioner. Black lost by 10 percentage points; Chan finished fourth.
And a long string of progressive ballot measures that the mayor had opposed was approved by sizable margins.
Ragone began to spin and dissemble like crazy. “We endorsed [Black and Chan] but didn’t put a lot into it,” he said despite the fact that Newsom spent the last two weekends campaigning for his two favorites.
“The real key for us was Hydra Mendoza, who won [a seat on the school board],” Ragone said.
Yes, Mendoza, who works as the mayor’s education adviser, was elected — but she already had a strong base of support as a former leader of Parents for Public Schools and might very well have won without the mayor’s help.
Besides, if Newsom saw her as a top priority, why did she finish second in a race for three positions, behind Green Party candidate Jane Kim? And how significant will it be to have Mendoza on a school board that now has a solid progressive majority, one she’s not a part of?
Ragone shrugged again, sticking to his line.
But the Mayor’s Office can’t spin away the fact that, as pollster David Binder put it at a postelection event, “I don’t think Newsom had a very good night.”
“It showed that we had a progressive turnout and this is a progressive town,” Binder said.
Boris Delepine, a campaign veteran and Sup. Ross Mirkarimi’s board aide, went even further: “This election ranks up there with the 2000 supervisorial races as far as I’m concerned.”
In other words, progressives battled the downtown interests and won.
The most exciting race was in District 6, where Daly’s expected reelection was thrown into doubt a few weeks ago by some polls and the onslaught of downtown attacks on Daly (which Binder jokingly referred to as “a deforestation project” for all of the negative mailers).
The problem was that most of the material just attempted to savage Daly without really making the case for why Black would be better. That appears to have backfired.
In fact, the assault served to galvanize Daly supporters, who stepped up a vigorous campaign in the final push. “It was very efficient and very effective,” Binder said.
Or as Daly put it to his supporters on election night, “We were under attack…. San Francisco values were under attack, and you responded like nothing before. Five hundred volunteers were in the streets today to say this district is not for sale.”
The message from the Tenderloin, inner Mission, and South of Market was resoundingly clear: with district elections downtown can’t simply buy a seat on the board anymore. Money is powerful — but an organized grassroots campaign can still prevail.
The impact for the mayor is more than just the loss of a potential board ally. Newsom found himself in District 6 working closely with SFSOS — a group that has become so nasty and is so reviled, even two of its key founders, Senator Dianne Feinstein and financier Warren Hellman, have walked away in disgust.
“If all things were equal, I’d just as soon that SFSOS went away,” Hellman told us.
It’s not going to help the mayor’s reputation to be seen in that sort of company.
A HIPPER DUFTY
The District 8 race showed the power of district elections in a different way.
From the start it was going to be tough for Alix Rosenthal, a straight woman, to defeat incumbent supervisor Bevan Dufty, a gay man in what has always been a gay district. But Rosenthal says her candidacy had a clear impact on Dufty — during the late summer and fall, the onetime solid mayoral ally moved a few noticeable steps to the left, supporting Sup. Tom Ammiano’s universal health care bill and voting with the progressives (and against the mayor) for police foot patrols.
“Dufty became a much hipper person after I challenged him,” Rosenthal said.
Dufty told us the challenge made him work harder but had no impact on his votes. “What you saw on foot patrols was an immense amount of frustration with the police chief’s failures to lead the department,” he said. “That had nothing to do with this race.”
Binder pointed out that District 8 has a higher percentage of registered Democrats than any district in the city, and Dufty locked down party support early on. And even though Dufty’s voting record was less progressive than his district, he remains popular. “There are people who think he doesn’t vote the right way on the issues, but nobody thinks he doesn’t try hard,” Binder said.
The District 4 race was not only a test of the power of the mayor’s coattails in a district where Newsom has always been popular. It was also a test of how ranked-choice voting works in complex election demographics.
From early this year, when it became clear that incumbent Fiona Ma was going to the state assembly, Newsom and his allies tapped Chan as the candidate they would promote. That was an odd choice for Newsom, who claims to be a public power supporter: Chan’s law firm has received more than $200,000 in legal fees from Pacific Gas and Electric Co. in just the past two years, and like his alliance with Black in District 6, the Chan endorsement put him on the side of one of the least popular actors on the local political stage.
And in the end, the mayoral support meant little: Chan finished fourth, after Ron Dudum, Ed Jew, and Jaynry Mak.
There was a certain amount of nervousness on election night when Dudum emerged atop the candidate list at the prospect that for the first time in a generation, the board would be without Asian representation. Four Asian candidates appeared to have split the vote, allowing Dudum to win.
But when the ranked-choice voting program was run Nov. 10, that concern evaporated: the new system allowed Asian voters to divide their preferences without risking that sort of vote-split result. When it was all over, Ed Jew emerged the winner.
As Jew told us, “I think it showed that having so many Asians benefited the top Asian vote-getter.”
GREEN DAYS
The school board and community college board races get less press than the top of the ticket, but as citywide contests, they can be even tougher for progressives. And this year the Green Party had some surprising victories.
Jane Kim, a Green, finished top in the balloting — remarkable considering that she didn’t have the endorsement of the Democratic Party. Mendoza came in second, followed by Kim-Shree Maufas. That puts three new members, all of them women of color, on the board and shows that activists frustrated by the votes of longtime incumbent Dan Kelly could defeat someone who until recently was considered a shoo-in for reelection.
Peter Lauterborn, a Kim supporter, was ecstatic about the win. “This is a massive triumph,” he said. “We beat the money and we beat the establishment.”
The same goes for the community college board, where John Rizzo, a Green, appears to have edged out Johnnie Carter, bringing new reform blood to an ossified and often corrupt agency.
Binder attributed the strong finishes by Kim and Maufas to their endorsements by the Guardian, the Democratic Party, and other lefty supporters. He was surprised by Rizzo’s apparent victory (absentees could still change the outcome) but most on the left weren’t. Rizzo had a lot of grassroots support and ran a strong campaign.
Similarly, Mirkarimi — who attended the postelection briefing along with fellow supervisor Daly — didn’t agree with Binder’s line on the school board, noting that the defeat of Kelly and the election of Kim and Maufas were strong endorsements for the stand that the current board lefties — Mark Sanchez, Sarah Lipson, and Eric Mar — have taken against positions by autocratic former superintendent Arlene Ackerman and her downtown backers.
“We got four votes on the school board,” was how Delepine put it, adding, “President Sanchez, man.” SFBG
Steven T. Jones and Alix Rosenthal are domestic partners. Tim Redmond wrote the analysis of the results in District 8. Amanda Witherell contributed to this story.