Elections

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tredmond@sfbg.com

Editor’s Note

The Healthy Saturdays folks were out leafleting in Golden Gate Park this weekend, on a stunningly beautiful Sunday, along with thousands of other people enjoying the car-free sunshine. The message on the handouts: Call the mayor (554-7111); the supervisors have approved a plan to at least try extending the car ban to Saturday, and now it’s in the mayor’s court.

Which will be interesting, as Steven T. Jones reports on page 19, because Gavin Newsom thinks of himself as an environmentalist who is pro-bicycle and propublic transportation but the people who were a big part of his political base from day one are upper-crust de Young Museum types who, for their own selfish reasons, don’t want the roads in the park closed.

De Young Museum baroness Dede Wilsey and Ken Garcia, the San Francisco Examiner‘s resident crank, are the chief architects of the argument that the Saturday road closure is a bad idea. They’re pushing this God-and-the-flag line "let the voters decide" and claiming that since a similar plan lost at the ballot once, only a public referendum would be adequate authority for a rather simple land-use decision. Put it to the voters, they say; that’s fair, right?

Well, I’m not here to dis American democracy or anything, but there’s a little secret I want to share: Most elections aren’t fair. Anytime the size of the electorate is larger than about 40,000 voters (a typical San Francisco supervisorial district), you can’t effectively communicate your message without a big chunk of money and the larger the jurisdiction, the more money it takes.

Consider California.

There are three major candidates for governor, and all of them are wealthy people. But only two are truly, obscenely, stinking rich, with wealth in the $100 millionplus range, and they are, right now, the odds-on favorites to make the November final in large part because of their abilities to put personal wealth into the race. In other words, if you want to run for governor of California, being rich garden-variety rich isn’t nearly enough.

The same goes for San Francisco, on a different sort of scale. If citywide elections were fair, and Pacific Gas and Electric Co. didn’t have the ability to write a blank check every time an activist group tried to pass a public-power measure, San Francisco would have kicked out the private-power monopoly half a century ago. If citywide elections were fair, and Gavin Newsom didn’t have the ability to outspend Matt Gonzalez by a factor of about 6 to 1, the odds are at least even that Gonzalez would be mayor today.

That’s why Dede Wilsey and Ken Garcia, who both know better, are blowing some sort of smoke when they call for a "vote of the people."

But maybe we should call their bluff. How’s this for a deal:

The museum folks have plenty of money, so Wilsey can raise, say, $200,000. Then she can split it in half she gets $100,000, and the road-closure activists get $100,000. No outside, "independent" expenditures (they can control their side, and we can control ours), no tricks, no bullshit. Level playing field, fair election and let’s see who can walk more precincts and turn out more people on election day. That same model would work for all kinds of civic disputes.

Fair?

PS: As an in-line skater with plenty of bruises to prove it, I have another suggestion: For even-more-healthy Saturdays, maybe they could resurface the roads. SFBG

Inside the belly of the dog

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I CARTOON DAZE

Homeland Security asked the usual dumb questions when I slapped my passport on the counter: what countries did you visit? Business or pleasure? The laser page did not trigger any alarms yet. I advanced to the carrousel to pick up my luggage. My suitcase had burst apart in Mexico City, spilling incriminating documents all over the terminal floor. Now it came down the ramp swaddled in plastic. As I reached to pull it off, all hell broke loose bells began to clang, buzzers burped jerkily, strobe lights flashed crazily on and off, and an automated voice on the intercom kept repeating “this is an emergency walk do not run to the nearest exit.”

I did not walk, nor did anyone else in the San Francisco International arrivals terminal. We were under terrorist attack! The twin towers were coming down upon us! Young and old, some in wheelchairs even, stampeded for the sliding doors, luggage carts tipping, travelers stumbling, elbowing each other in their mad rush to escape as customs inspectors implored us to return to have our suitcases checked for contraband once the emergency had subsided. No one in his or her right mind ever did.

Meanwhile, the escapees kept jostling and tumbling and the bells and buzzers and whistles and lights kept yowling their siren song. Yow! Burrrp! Pow! It was like a Saturday morning kids’ cartoon.

Of course, in the end, the terrorist turned out be some poor schmuck caught smoking in the men’s room.

It was a prescient re-introduction to the land where my father croaked. My month inside the belly of the Dog was kind of like a perpetual cartoon. I often felt like poor Bob Hoskins surrounded by a world full of Roger Rabbits. Cartoons were, in fact, motoring worldwide mayhem. Bim! Baff! Boff! The irreverent Danish magazine Jyllns Posten had published a dozen blasphemous cartoons of the Prophet Muhammad in one, he wore a turban with a bomb in it, in another the Messenger of Allah was depicted as a pig (the magazine had reportedly turned down caricatures of Jesus Christ as being in poor taste.) The publication of the cartoons had opened the scab of Islamic wrath and the Muslim world was on a murderous rampage from Indonesia to well, Khartoum.

The religious leaders of 57 Islamic nations meeting in Mecca declared fatwa and jihad on the infidel Danes and their damned cheese. In Tehran, a smirking Ahmadinejad announced big-money competition for cartoons of the Holocaust (he doesn’t believe it happened) and spurious drawings appeared in Europe of Anne Frank in the sack with Adolph while she scribbles in her diary.

The Christian anti-Muslim cartoon backlash tumbled Muhammad’s rating to an all-time low in U.S. polls. The New York Times Style section reported that rebel youth were jumping out of the djalabahs and into “extreme Christian clothing.” In Nigeria, Christians slaughtered their Muslim brethren, daubing “Jesus Christ Is The Lord” on mosque walls in their victims’ blood.

Then came the anti-Christian, anti-Muslim cartoon backlash. Churches were neatly stenciled with icons equating the cross to the Swastika in Santa Cruz (Holy Cross) California. And to close the circle, three white boys in Alabama took the crusade a step up and just burned the tabernacles down to the ground.

If you don’t think our nation is being devoured by religious psychosis, consider two recent Supreme Court decisions. Just the other day, the Supremes voted unanimously, with Justice Roberts on board, to uphold the right of a religious cult to guzzle potions brewed from the hallucinogenic Amazonian root Ayahuasca while they gabbed with god. Last summer, that court, with Sandra Day O’Connor still in place, voted to deny brain tumor victims medical marijuana to ease their agonies.

The ultimate cartoon was Cheney plugging his hunting partner in the ticker just like good ol’ Elmer Fudd. Ping! Pong! Blamblam! Senator Lindsey Graham, who shares a similar war-mongering dementia with the veep, reports that Dick Cheney told him that killing small birds kept him “sane.” Blap! Splat! Shazam! The late night joke mongers had a ball with the caper: “This Just In! We’ve learned that Vice President Cheney tortured his hunting partner for an hour before he shot him!” Yuk! Yuk! Did you hear the one about the CIA agent caught rifling housewives’ panty drawers during working hours in Virginia (you could look it up)? Yok! Yok! The U.S. teaming up with Iran to keep Gays out of the United Nations? Tweet! Tweet! Bird flu in of all places, Turkey (and Iraq)? Kaplooey!

Elmer and Daffy Duck scoot off into the sunset and the screen rolls up into a little round porthole where Bugs is cackling, “th-th-th-the-that’s all folks!”

II SCOUNDREL TIME

The problem is that that’s not all folks, and this may be loony tunes but it certainly isn’t merry melodies. These bastards are for real and it’s not really very funny. The title of Lillian Hellman’s slim volume on how HUAC hounded her and Hammitt is an insufficient one to describe these scum and their perverted torture war.

Every day the Seattle Times runs a few inches slugged “Terrorism Digest.” Aside from the usual shorts on Moussaoui, a rumored attack during March Madness, and an elderly ice cream truck driver in Lodi California who is accused of planning to blow up skyscrapers in Hollywood, most of the news is not about terrorism at all but rather the torture of alleged terrorists, perhaps tens of thousands of them in secret torture chambers hidden away in U.S. client states like Bulgaria and Morocco.

Here’s one. Ali Shakal Kaisi was the hooded man on the box with the electric cables snaking from his limbs, the poster boy for the abuse at Abu Ghraib. The photo is now on his business card. Originally, he was arrested for complaining to occupation troops about throwing their garbage on a soccer field in his Baghdad neighborhood. The Pentagon, in a display of perhaps the most hideous chutzpah in the Guinness Book of Records, refuses to comment on Mr. Khaisi’s case because it would “a violation of his Geneva Convention rights.”

Connoisseurs concede that Bush et al (heretofore to be referred to as “the scum”) have added some innovative techniques to Torquemada’s little catalogue of horrors. The reoccurring sexual pathology is disturbing. One accused Jihadist at Gitmo was wrapped in an Israeli flag and forced to watch gay porn 24 hours a day by military interrogators who passed themselves off as the FBI. Sadistic commandants shove feeding tubes up the nose of hunger strikers and rip them out roughly as the men piss and shit all over themselves while restrained in what Rumsfeld euphemistically describes as “a rolling padded cell.”

Why are these men being tortured? We learn from 5,000 pages of heavily-blacked-out military depositions released on court order to the Associated Press that at least three were detained because they wore Cassio F91W watches that have compasses on their face pointing to Mecca. “But our chaplains here all wear the same watch” protested one detainee.

All of this pain and suffering is being orchestrated in the much shat-upon name of freedom, the “freedom” as Sub Marcos puts it, “to choose between the carrot and the stick.” You know, as in “free elections” Iraq’s three fraudulent elections that have led to massive bloodshed in that benighted land being the role models. But elections are not “free” when the Bushwas don’t win, like Hammas and Egypt’s Muslim Brotherhood, Evo Morales and Hugo Chavez and most probably, Lopez Obrador in Mexico this July. Maybe free elections are not such a hot idea after all.

The third anniversary of this despicable war is only days away as I write these scabrous lines. Extrapoutf8g the Lancet study, it is probable that 150,000 Iraqis have been crucified in this infernal crusade. The 2,300 or so GIs who died with their boots on fill just a few slabs in the charnel house Bush has built in Iraq.

I suppose the up side is that two thirds of those Yanquis surveyed think he is a liar and a baby killer but many more will have to fall before the infidels are finally run off. Clearly, the resistance is working on it. Blowing the Golden Dome sky-high was a malevolent stroke of genius by the terroristas to incite sectarian (not civil) war, a scenario designed to foil the White House’s scheme to pull out of this treacherous quicksand and start bombing before the body bags queer the November elections.

Will it work? Shia death squads operating out of the Interior ministry are kidnapping dozens of Sunnis every day now and hanging them for public consumption. We can expect roadside gibbets next. The imminent spread of Shia-Sunni hostilities into neighboring oil lands has Washington biting its nails. We’re talking $100 a barrel here.

Sasha has a Skype pen pal in Baghdad, call her Fatima. She is a medical-science professor at the University, a middle class, somewhat secular woman who lives in a high rise in a mixed neighborhood. She writes when there is power and an Internet connection the last three generator operators on the block have been shot dead. Her absence on the screen is always a cause for alarm. Fatima says she no longer sits writing in her window to take advantage of daylight because she is afraid of being hit by a stray bullet. I am forever amazed how concerned she is for us. Last week, she wrote “I am sorry my dear for not writing. I am ok but I am more afraid than before. Things are going from bad to very bad.” If we never hear from Fatima again, the blood will be on George Bush’s hands.

Is George Bush impeachable? He has committed multiple felonies in spying on 350,000 unsuspecting citizens without a court order, a stain on the Constitution and way beyond the pale of even Nixonian paranoia. He sold the country an illegal war based on shameless perjury in collusion with oil barons and defense contractors who have grown obscenely fat on the blood of the Iraqi people.

And he sought to sell off vital U.S. ports to “Arab terrorists”! Or at least that’s what his fellow Republicans seem to perceive. Fanning the fumes of anti-Arab racism has come back to bite Bush and the corporate globalizers of the planet on the ass. Who does Bill Frist think was operating these ports up until now? The bloody Brits, that’s who! This is Globalization, Savage Capitalism, Dog eat Dog. It’s the American Way. What do you know about Sheik Mo? Vital elements of the food chain (Church’s Chicken and Caribou Coffee for example) have already fallen into the hands of “Arab terrorists.”

Where was I? The Bill of Particulars, right? I’m sorry it’s my birthday and I’m on a vent fueled by the one good thing about this country, Humboldt County sinsemilla.

George Bush guilty of nuclear proliferation! What else would you call giving India enough fissionable material to blow a hole in China and Pakistan?

George Bush guilty of blatant racism and incalculable callousness, strumming his guitar while the levees were bursting down in New Orleans, an interval much like the goat story on 9/11 of which Osama has reminded us in a recent communique. J’accuse George Bush!

Will a mush-minded congress apparently dosed to the gills on Ambien, the new sleepwalking (and sleep voting) wonder drug, vote to impeach? “Que se vayan todos!” the cry of the 2002 Argentinazo, “that they should all be kicked out” is an anthem for our time.

III SLEEPING IN SEATTLE

I’ve spent the last month sleeping in Seattle. Daytimes, I’ve churned out tens of thousands of words on my soon-to-be-published-if-it-ever-gets-finished opus, “Making Another World Possible: Zapatista Chronicles 2000-2006.”

Seattle has spectral vistas but at heart, it is a city without a soul. It has been bitterly cold here, the wind whipping off Puget Sound like The Hawk off Lake Michigan. A sullen rain falls most days. When the sun comes out in Seattle, they say the suicide rate goes up because people can’t deal with the brightness.

I have been lucky to have had Sasha’s cozy room and half to hole up in. A lot of people in this city don’t even have a roof over their head. Old men sleep rough in Pioneer Square these freezing nights, young tramps camp out under the bushes up here on Cap Hill. There’s a Hooverville under the Viaduct.

The merchants don’t care much for all these deranged pariahs dragging around ragged sleeping bags like batman capes or curled up in fetal positions in one of Starbuck’s many doorways. Seattle has more pressing matters on its mind. Howard (Starbuck’s) Schultz is threatening to move the Sonics if he doesn’t get a new arena free of charge from the city. Then there is Bill and Melissa, the world’s wealthiest nation.

This is a smug city that has grown soft and wealthy on the backs of software billionaires, where no one gives a damn about anything that is not on a screen. The Stranger ran the Muhammad cartoons and no one flinched. The next week, the paper ran a feature on a man who was fucked to death by a horse. Again, no one flinched. Meanwhile, the homeless are dying out there in the street.

On Valentine’s Day, Sasha and I died in on the City Hall steps she was the 50th victim to have died on the streets of Seattle in 2005. I was the 53rd. The Raging Grannies died in with us. I dedicated my dying to the spirit of Lucky Thompson, who recorded with Miles and Bird and spent his twilight years sleeping in Seattle parks. Seattle has a way of damaging its black geniuses. Octavia Butler, the towering writer of “conjectural fiction” whose work hones in on race and class like a laser, fell down the steps of her home here a few weeks ago. She lived alone she always lived alone and no one found her until she was dead. There is a statue of Jimi Hendrix right down the street.

What’s been good is watching Sasha blossom as an organizer. She’s been busy 25 hours a day putting together the visit of Eman Khammas, a courageous Iraqi journalist who speaks to the plight of women in Bush’s genocidal war. I saw Khammas last summer at the Istanbul War Crimes Tribunal and she is a firebrand speaker. Eman is part of the Women Say No To War tour put together by Global Exchange, two members of the delegation who had lost their families to the occupation, were denied visas because they did not have enough family left to “compel” their return to Iraq.

On the third anniversary of this madness March 18th, Eman Khammas will be a speaker at the march and rally set for the Seattle Federal building. That evening, she will talk at greater length at Trinity Methodist Church in the Ballard district. The kick-ass rebel singer Jim Page will open. No one turned away. Some of the moneys raised will go to the Collateral Repair Project (www.collateralrepairproject.org) which Sasha and her pal Sarah have created to help out the family of Mahmoud Chiad, an ambulance driver in al-Qaim who was gunned down by Bush’s crusaders October 1st, the first day of Operation Iron Fist in al-Ambar province, as he raced to aid victims of the massacre. There’s a widow and six kids, and Collateral Repair hopes to buy them a piece of land and some goats.

So I’m in the air back to Make Sicko City. The globalphobes are acting out at the World Water (Privatizers) Forum, which kicks off this week and when last heard from, Sub Marcos was trying to break into a prison in Guanajuato. I’ve got to finish this damn book in the next six weeks.

And Sasha and I? Who knows? I wear her name on a grain of rice around my neck and her door key is still wedged deep in my pocket and maybe it will open her heart to me again someday. We met in Baghdad with Bush’s bombs on the way and the bottom line is that we continue to fight this heinous war together. That’s good too.

John Ross has landed. But these articles will continue to be issued at 10-day intervals until “Making Another World Possible” is done. The deadline is May 1st. “Making Another World Possible” will be available at cost to Blindman Buff subscribers this fall.

 

 

 

Doomsday dream believer

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We didn’t commit suicide,” Jim Jones gravely intones in an audiotape capturing the final moments of Jonestown. “We committed an act of revolutionary suicide protesting the conditions of an inhumane world.”

Nearly 30 years after the deaths of more than 900 people in the Guyanese jungle, Stanley Nelson’s deeply affecting Jonestown: The Life and Death of Peoples Temple replays Jones’s final, twisted address, setting in motion what the doc tabs “the largest mass ‘suicide’ in modern history.” Using a remarkable cache of vintage footage, as well as candid interviews with Peoples Temple survivors, relatives, and other eyewitnesses, Nelson examines the massacre with a journalist’s eye. Why the tragedy happened may never be explained, but seldom before has the how of Jonestown been so clearly delineated.

Long before “drinking the Kool-Aid” filtered into the popular lexicon, young Jim Jones was an ambitious preacher whose ideas about racial equality proved too radical for small-town Indiana. Jones and his wife, Marceline, adopted several children from different ethnic backgrounds; one the few still alive Jim Jones Jr., who says he was the first African American child to be adopted by white parents in Indiana appears in Jonestown, as do early church members who followed Jones to Northern California (so chosen because he believed the region would be safe in the event of a nuclear attack). The racially diverse commune was “like a paradise,” a former resident recalls; recordings of Jones’s uplifting sermons and the jubilant Peoples Temple choir, as well as images of happy farmers, seem to bear this out.

Of course, illusion played a big part in Jones’s metier. One of Nelson’s coups is footage of a faith healing paired with an interview that exposes the “patient” as one of Jones’s (perfectly healthy) secretaries. Various ex-followers corroborate each other’s horror stories; one memorable sequence features overlapping testimony about how devotion was measured by sleep deprivation. Jones’s sexual proclivities, which contradicted what he preached and involved sleeping with both male and female disciples (whether or not they were willing), are discussed, as is the general feeling of fear and paranoia that increased as Jones gained more control. A “loyalty test” involving a vat of untainted punch is also detailed; a woman who was there surmises that Jones wondered if he was “potent enough to get people to do it.”

Jones’s ability to manipulate his followers demonstrates the kind of power later echoed by other self-destructive cults. But while Heaven’s Gate seemed a little loony from the start, what with the space aliens and all, the Peoples Temple represented itself beautifully to outsiders. The San Francisco political community was especially taken with the energetic, racially diverse congregation; as Jonestown points out, the church could instantly supply masses of well-behaved protestors, as well as influence key elections by voting as a single bloc. On a television talk show, thenCalifornia assemblyman Willie Brown deems the Peoples Temple “the kind of religious thing I get excited about.”

Even the Guardian was taken in by the Peoples Temple, reporting on its progressive humanitarian efforts in a March 31, 1977, article titled “Peoples Temple: Where Activist Politics Meets Old-Fashioned Charity.” Read with the benefit of hindsight, the piece is often chilling, as when Jones arrives late to a church service because he had to stop and console a woman “who was talking suicide.” Jones’s distrust of government is already in full force (“I have a lot of guilt to know my taxes go to the shah of Iran and Chile”); his hatred of the press (as the film explains, inflammatory coverage hastened his expatriation) less so.

A good chunk of Jonestown is devoted to November 18, 1978, aided with startling footage of doomed congressman Leo Ryan’s Guyana visit and the chaos that erupted in its wake. Two of the men who lived through “White Night” but saw family members (including young children) die before their eyes share their stories, and the emotional impact is undeniable. And then there’s that audiotape, which is even more frightening when replayed. As Jonestown reveals, the line between suicide and murder could not be more distorted: Deceived by promises of paradise, hundreds of people joined a church that championed equal rights then found themselves living in an isolated world where even the most basic rights were denied.

 

The three-year nightmare

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The air of unreality in Washington, DC, is, well, unreal. On Face the Nation March 19, Vice President Dick Cheney proclaimed that the war in Iraq is going well, that the insurgency had reached "a stage of desperation" — and that the prediction that Americans would be greeted as liberators was "basically accurate." There’s no civil war, the administration insists, no catastrophic political failure, no evidence that the war is well on its way to becoming the new Vietnam. No, Cheney insists, the problem is just the overcritical news media.

For the record, more than 2,300 United States soldiers are dead. So are as many as 37,000 Iraqis. Countless more have been maimed, lost limbs, seen their lives destroyed. And three years after the invasion, there is no end in sight. More than 130,000 US troops are still fighting in Iraq, and they are utterly unable to keep the peace. The Iraqi forces are poorly trained and can do little to help.

Ayad Allawi, former acting prime minister and a man Bush used to see as a key ally, isn’t mincing words: "If this is not civil war," he told the BBC, "then God knows what civil war is."

To say the Bush administration lied about the invasion is a severe understatement. Bush and his team are lying every day. And at this rate, the US death toll could be in the tens of thousands by the time the nation extricates itself from this morass.

And yet the Democratic Party leadership is still way too tentative about making this the defining issue of the midterm elections. That’s crazy: Even in the red states, the war is increasingly unpopular. And Bush’s insistence on staying the course is starting to sound like Richard Nixon’s secret plan to end the Vietnam War.

The truth is, Iraq is an artificial construct, a nation pieced together from three ethnic and religious groups that have never gotten along. If it weren’t for the oil (ah, it’s always the oil), Kurds, Shiites, and Sunnis might each have their own states.

Perhaps a working government can still be created with all three parties involved. But the presence of huge numbers of US troops isn’t, and won’t, help that process.

The Democrats need to get behind Rep. John Murtha (D-PA) and demand a timetable for withdrawal of all troops. That might even lead to a Democratic Congress. *

The political puppeteer

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By offering envelope-pushing legal and political advice at key moments in the fall campaign, attorney Jim Sutton was perhaps the single most influential individual behind the victories of Mayor Gavin Newsom and District Attorney Kamala Harris.
In the process, Sutton solidified his reputation as the dark prince of San Francisco elections, a hired gun who helps downtown interests and well-funded campaigns continue to dominate the electoral field even after voters passed reforms that restricted campaign giving and spending and required more official disclosure.
“He knows more election law than anyone, and he knows it better than anyone else,” local political consultant David Looman told the Bay Guardian. “He is the guy you call.”
New era, new player
Sutton, 40, stepped on the political stage just as voters were going to the polls in the fall of 1997 to demand more transparency in campaigns, a reaction to the leadership of Mayor Willie Brown and the dealings of powerhouse consultants like Jack Davis and Robert Barnes. At the time Sutton worked for Nielsen, Merksamer, Parrinello, Mueller, and Naylor, a Mill Valley firm that specializes in election law.
Sutton took on mostly big-money campaigns backed by downtown interests — such as Brown’s 1999 reelection and Pacific Gas and Electric Co.’s successful, multimillion-­dollar bids to squelch the public power movement in 2001 and 2002. Highly versed in the minutia of campaign finance law, he became a major player in electoral politics in San Francisco — and across the state.
“He is one of a small handful of very influential political law attorneys who typically represent moneyed, influential candidates,” California Common Cause executive director Jim Knox told us. “And he seems to be on something of a crusade right now.”
A search of the San Francisco Ethics Commission’s online database shows that over the past six years, Sutton has acted as treasurer or in another legal capacity for at least 20 campaigns and counts such heavily funded political action committees as the Golden Gate Restaurant Association, the Alice B. Toklas Lesbian Gay Bisexual Transgender Democratic Club, and the San Francisco Association of Realtors among his permanent clients. For that work, which doesn’t include the fall election, he earned at least $750,000.
Many of the city’s progressive activists and leaders see him as a dark agent — a tool only well-heeled interests can hire to navigate regulatory loopholes in order to spend as much as possible, even it means pushing the limits of the law, to sway voters.
“He’s an opportunistic lawyer who works against populist issues,” Sup. Tom Ammiano said.
Moreover, activists and state campaign finance experts say, he exerts an extraordinary level of influence over the city’s campaign regulators, including the top staff at the Ethics Commission and the deputy city attorneys who work with that agency.
“He is a high-powered fixer who has relationships with people in power that let him deliver for his clients in a way that leaves the less-connected among us flabbergasted,” said Marc Solomon, a Green Party member who worked on Sup. Matt Gonzalez’s mayoral campaign.
For his part, Sutton says that’s nonsense.
“There’s absolutely no proof or evidence of that,” Sutton told us. “I’m a professional, and I don’t want special access. I don’t need it, because I have a knowledge of the law.”
Rising to the top
By the time Sutton left his old firm last May to create Sutton and Associates, he had sealed his reputation as a go-to guy and counted among his clients the man who would be mayor. Sutton was everywhere. Consider:
• Having lawyered Newsom through the embarrassing flap in early 2003 over the $1 million loan from mentor Gordon Getty that (whoops!) Newsom neglected to disclose on his economic interest statements, Sutton served as treasurer to the Marina District supervisor’s mayoral campaign.
• When district attorney candidate Harris’s consultants realized their client was facing disaster if they couldn’t get her out of a legally binding pledge she signed in January 2003 to abide by the spending limits set in that race, they summoned Sutton, who got her out of the jam. The Ethics Commission’s decision to lift the spending limit was one of the agency’s most egregious acts in years and was truly an extraordinary event, activists say. It allowed Harris to spend hundreds of thousands of dollars to get past Bill Fazio in the runoff and eventually beat incumbent Terence Hallinan.
• Sutton handled the regulatory filing procedures for the California Urban Issues Project, a nonprofit lobbying outfit that churned out campaign mailers slamming Hallinan and mayoral contender Gonzalez for, among other charges, an unwillingness to crack down on the activities of homeless people. Though the group’s status prevents it from taking positions on candidates, the mailers clearly favored one candidate over the other. However, since the pieces didn’t actually include a “vote for candidate X” command, they fell within the bounds of the law as recently interpreted by the appellate courts, Sutton told us.
“What I do is say, ‘I am the lawyer. It’s my job to say this is what the law says. This is what it does or doesn’t allow,’ ” Sutton said. “It’s not about any kind of ideology on my part.”
• Sutton also served as treasurer for the campaigns behind two successful measures funded by downtown interests: the clean-streets initiative (Proposition C) and the controversial anti-panhandling legislation sponsored by Newsom (Proposition M). Interestingly, Harris particularly benefited because of her support for Prop. M. San Francisco pollster David Binder told us in December that her position on Prop. M helped her win over much of Fazio’s base and was key to her victory.
• Sutton’s expertise helped Newsom and Harris raise money in larger chunks during the runoff than they might otherwise have done. That’s because Sutton is keenly aware of a detail in the city’s campaign finance law that says if a candidate carries “accrued expenses” from the general election to the runoff, that candidate can collect $500 (instead of $250) from contributors. He should be — the ruling came as a result of his suggestion to local regulators.
For practical purposes, it can become a matter of shuffling the books. Newsom and Harris had so much cash behind their candidacies that it’s tough to believe they had any real debt. And in the case of at least Newsom, the amount of “debt” certainly seemed to be a moving target.
Shortly after the general election, Newsom campaign manger Eric Jaye told us he thought Newsom bore roughly $30,000 in accrued expenses. But when the campaign filed the paperwork, Newsom showed $225,322 in unpaid bills (see “Tainted Dough,” 12/03/03).
Neither Hallinan’s nor Gonzalez’s campaign took advantage of this provision in the law, even though Gonzalez treasurer Randy Knox brought it to the candidate’s attention. Gonzalez told us at the time that he didn’t consider such a move ethical.
Learning the ropes
A self-described politics nerd who interned in his state assemblymember’s office in high school, Sutton credits the rigors of the tight-knit environment of Pomona College — more than his three years at Stanford University Law School — with influencing the way he works today.
“I learned early I wasn’t going to get away without doing my homework,” he told us.
After clerking for former California Supreme Court Justice Edward Panelli from 1988 to 1989, he searched for a way to combine his legal degree with his keen interest in politics and government. In 1990 he found his way to Nielsen, Merksamer, though he lived, as he still does, in San Francisco.
Since he knew the city, he evolved into the firm’s attorney who dealt with San Francisco matters, he told us, even though he’s a member of the Republican Party — a rare bird here. In fact, he even served a stint as general counsel for the California Republican Party.
His first work in the city was on behalf of large institutions — the M.H. de Young Memorial Museum’s early bond campaigns, for example. He also made a key alliance with consultant Barnes, who was on his way to building a hugely influential career here and becoming closely connected to former mayor Brown.
In spring 1998, Sutton acted as treasurer for Bay Beautiful, a PAC aimed at defeating Proposition K, which former state senator Quentin L. Kopp put on the ballot to restrict Brown’s control of the development of Treasure Island. (Though the measure passed, the Brown-controlled Board of Supervisors failed to implement it.)
In November 1999, Sutton played a role in the orchestrated independent expenditure campaign on behalf of Brown’s reelection efforts in his handling of the Willie Brown Leadership PAC. The PAC directed some $55,000 into Brown’s bid for a second term (see “The Soft Money Shuffle,” 2/16/00).
At the time, Sutton had gone public with his strong opposition to efforts to restrict spending in political campaigns, writing in the San Francisco Examiner, “Not only does a spending cap decrease the quantity and quality of the issues discussed in the campaigns, it also infringes on First Amendment rights.”
One year after Brown’s reelection, the Leadership PAC, together with the pro-downtown Committee on Jobs, pumped some $67,000 into an unsuccessful bid to defeat Proposition O, which reinstated limits on independent expenditures and provided public financing for campaigns. Sutton handled the legal work for No on O.
No surprise there, Sutton’s critics say. Where money seeks to influence politics, that’s where you’ll find him. Sutton, though, says the list of campaigns he’s served doesn’t reflect his ideology as much as it does his skill set. He told us the best-funded campaigns “tend to have the more complicated legal questions, since they’re going to do more stuff.”
Money and politics
Advocates of campaign finance reform say Sutton has taken his opposition to campaign spending limits on the road, seeking to erode local ordinances that restrict spending.
“Sutton is active all over the state in his opposition to campaign finance reform,” said Paul Ryan, political reform project director for the Los Angeles–based Center for Governmental Studies.
Most recently Sutton testified before the San Diego Ethics Commission at a Jan. 21 hearing on a proposal to strengthen local campaign finance law. Sutton argued the commission should repeal the local law and replace it with the state’s version, which happens to be weaker.
“When we wrote the Political Reform Act of 1974, we put in there that local laws could be stronger than the state law,” Center for Governmental Studies director Bob Stern said. “What we have now is about 100 cities and counties that have gone beyond the state law. What [Sutton] is doing is pushing local jurisdictions to follow the state law only. And that’s unfortunate, because each local jurisdiction needs to deal with its own problems.”
Sutton said he just wants a uniform standard, with the minimal local amendments.
“[Cities and counties] keep making more and more laws, which are making things more and more complicated and difficult for anyone who wants to run for election to figure out,” Sutton said. “It has a dampening effect.”
Ryan and others are concerned Sutton might succeed in discouraging officials in municipalities such as Los Angeles and San Francisco from sticking by their stronger local laws. Compounding their concerns is that Sutton appears to have a great deal of influence over regulatory officials — at least in San Francisco.
Charlie Marsteller, who formerly headed up a San Francisco chapter of California Common Cause, believes the Ethics Commission has for more than a year failed to act on a complaint he filed against Sutton in late 2002, because of Sutton’s influence on the agency. (The complaint was over Sutton’s failure to disclose some $800,000 in contributions from PG&E to a committee aimed at defeating Proposition D, another public power measure.)
“It seems to me they are waiting until after February, when a seat on the commission is up and they’ll be able to replace [Bob Planthold] with a Sutton-friendly commissioner,” Marsteller said. (Assessor-Recorder Mabel Teng is expected to name Planthold’s replacement any day now.)
More recent examples activists point to include the Harris spending-cap matter and the latest: a charge made Jan. 16 by two Ethics Commission staffers that director Ginny Vida ordered the destruction of documents accidentally e-mailed to the agency by a secretary in Sutton’s office. Those documents, which were first reported on in the San Francisco Sentinel, strongly suggest that funds raised by the San Francisco Swearing-In Committee (without contribution limits) for Newsom’s inauguration were used to pay off a long list of consultants who worked on the campaign — a charge Sutton has vehemently denied.
On Jan. 28, Sutton filed paperwork for the committee reporting contributions but not expenditures. The total raised was $317,850 and included donations of $10,000 to $20,000 from such downtown players as Shorenstein Co., Gap founder Don Fisher, the San Francisco Association of Realtors, and Clear Channel.
Though Sutton insists he enjoys no undue influence on local regulators, even one of Harris’s consultants told us Sutton was hired for just that reason. “Jim Sutton has a certain amount of influence with Ginny Vida. He doesn’t think [spending limits] are constitutional,” Looman said. “And I believe that worries her too.”
Vida was on medical leave and couldn’t reached for comment, but her deputy, Mabel Ng, said neither she nor Vida give Sutton special treatment.
“I don’t think he has any more or any less influence than anyone else,” Ng said.
Dealing with Ethics
Sutton’s most impressive act in the Harris controversy was convincing Vida and Ng that Harris didn’t know she was bound to the pledge she signed in January 2003 to stay under the spending cap. Had ethics officials concluded that Harris knew her pledge was binding when she blew the cap sometime in September, they could have disqualified her from the race, according to the terms of the city’s campaign finance law.
Instead the Ethics Commission signed onto a settlement agreement stipulating that Harris’s had been an innocent mistake — though there was plenty of evidence that her campaign officials fully knew the pledge was binding (see Campaign Watch, 9/17/03 and 10/08/03). But in buying into Sutton’s version of events, the commission allowed Harris to continue spending money that helped her win the race.
“To facilitate the needs of Sutton’s clients, [Ethics] staffers gave in to Sutton the way he wanted,” Marsteller said. “The commissioners dropped the ball in that they needed to request an audit to check out the veracity of the statements being made by Harris…. They could hardly decide that the violations by the Harris committee were unintentional absent an audit. It’s one of the greatest demonstrations of incompetence I’ve seen, and Sutton led them into it.”
For his part, Sutton disagrees that Vida gave him an easy of time of it. “They fined [Harris] $34,000, and they made sure we printed flyers and ads telling the public of the mistake,” Sutton said.
That’s true. But Ryan and others view the matter as strong evidence of Sutton’s influence.
“It appears as though many of the arguments he makes personally are then likewise made by Ginny Vida and Mabel Ng,” Ryan said. “It appears as though Jim Sutton is influencing the public policy and San Francisco and the interpretation of the city’s finance laws.”

The political puppeteer

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By offering envelope-pushing legal and political advice at key moments in the fall campaign, attorney Jim Sutton was perhaps the single most influential individual behind the victories of Mayor Gavin Newsom and District Attorney Kamala Harris.
In the process, Sutton solidified his reputation as the dark prince of San Francisco elections, a hired gun who helps downtown interests and well-funded campaigns continue to dominate the electoral field even after voters passed reforms that restricted campaign giving and spending and required more official disclosure.
“He knows more election law than anyone, and he knows it better than anyone else,” local political consultant David Looman told the Bay Guardian. “He is the guy you call.”
New era, new player
Sutton, 40, stepped on the political stage just as voters were going to the polls in the fall of 1997 to demand more transparency in campaigns, a reaction to the leadership of Mayor Willie Brown and the dealings of powerhouse consultants like Jack Davis and Robert Barnes. At the time Sutton worked for Nielsen, Merksamer, Parrinello, Mueller, and Naylor, a Mill Valley firm that specializes in election law.
Sutton took on mostly big-money campaigns backed by downtown interests — such as Brown’s 1999 reelection and Pacific Gas and Electric Co.’s successful, multimillion-­dollar bids to squelch the public power movement in 2001 and 2002. Highly versed in the minutia of campaign finance law, he became a major player in electoral politics in San Francisco — and across the state.
“He is one of a small handful of very influential political law attorneys who typically represent moneyed, influential candidates,” California Common Cause executive director Jim Knox told us. “And he seems to be on something of a crusade right now.”
A search of the San Francisco Ethics Commission’s online database shows that over the past six years, Sutton has acted as treasurer or in another legal capacity for at least 20 campaigns and counts such heavily funded political action committees as the Golden Gate Restaurant Association, the Alice B. Toklas Lesbian Gay Bisexual Transgender Democratic Club, and the San Francisco Association of Realtors among his permanent clients. For that work, which doesn’t include the fall election, he earned at least $750,000.
Many of the city’s progressive activists and leaders see him as a dark agent — a tool only well-heeled interests can hire to navigate regulatory loopholes in order to spend as much as possible, even it means pushing the limits of the law, to sway voters.
“He’s an opportunistic lawyer who works against populist issues,” Sup. Tom Ammiano said.
Moreover, activists and state campaign finance experts say, he exerts an extraordinary level of influence over the city’s campaign regulators, including the top staff at the Ethics Commission and the deputy city attorneys who work with that agency.
“He is a high-powered fixer who has relationships with people in power that let him deliver for his clients in a way that leaves the less-connected among us flabbergasted,” said Marc Solomon, a Green Party member who worked on Sup. Matt Gonzalez’s mayoral campaign.
For his part, Sutton says that’s nonsense.
“There’s absolutely no proof or evidence of that,” Sutton told us. “I’m a professional, and I don’t want special access. I don’t need it, because I have a knowledge of the law.”
Rising to the top
By the time Sutton left his old firm last May to create Sutton and Associates, he had sealed his reputation as a go-to guy and counted among his clients the man who would be mayor. Sutton was everywhere. Consider:
• Having lawyered Newsom through the embarrassing flap in early 2003 over the $1 million loan from mentor Gordon Getty that (whoops!) Newsom neglected to disclose on his economic interest statements, Sutton served as treasurer to the Marina District supervisor’s mayoral campaign.
• When district attorney candidate Harris’s consultants realized their client was facing disaster if they couldn’t get her out of a legally binding pledge she signed in January 2003 to abide by the spending limits set in that race, they summoned Sutton, who got her out of the jam. The Ethics Commission’s decision to lift the spending limit was one of the agency’s most egregious acts in years and was truly an extraordinary event, activists say. It allowed Harris to spend hundreds of thousands of dollars to get past Bill Fazio in the runoff and eventually beat incumbent Terence Hallinan.
• Sutton handled the regulatory filing procedures for the California Urban Issues Project, a nonprofit lobbying outfit that churned out campaign mailers slamming Hallinan and mayoral contender Gonzalez for, among other charges, an unwillingness to crack down on the activities of homeless people. Though the group’s status prevents it from taking positions on candidates, the mailers clearly favored one candidate over the other. However, since the pieces didn’t actually include a “vote for candidate X” command, they fell within the bounds of the law as recently interpreted by the appellate courts, Sutton told us.
“What I do is say, ‘I am the lawyer. It’s my job to say this is what the law says. This is what it does or doesn’t allow,’ ” Sutton said. “It’s not about any kind of ideology on my part.”
• Sutton also served as treasurer for the campaigns behind two successful measures funded by downtown interests: the clean-streets initiative (Proposition C) and the controversial anti-panhandling legislation sponsored by Newsom (Proposition M). Interestingly, Harris particularly benefited because of her support for Prop. M. San Francisco pollster David Binder told us in December that her position on Prop. M helped her win over much of Fazio’s base and was key to her victory.
• Sutton’s expertise helped Newsom and Harris raise money in larger chunks during the runoff than they might otherwise have done. That’s because Sutton is keenly aware of a detail in the city’s campaign finance law that says if a candidate carries “accrued expenses” from the general election to the runoff, that candidate can collect $500 (instead of $250) from contributors. He should be — the ruling came as a result of his suggestion to local regulators.
For practical purposes, it can become a matter of shuffling the books. Newsom and Harris had so much cash behind their candidacies that it’s tough to believe they had any real debt. And in the case of at least Newsom, the amount of “debt” certainly seemed to be a moving target.
Shortly after the general election, Newsom campaign manger Eric Jaye told us he thought Newsom bore roughly $30,000 in accrued expenses. But when the campaign filed the paperwork, Newsom showed $225,322 in unpaid bills (see “Tainted Dough,” 12/03/03).
Neither Hallinan’s nor Gonzalez’s campaign took advantage of this provision in the law, even though Gonzalez treasurer Randy Knox brought it to the candidate’s attention. Gonzalez told us at the time that he didn’t consider such a move ethical.
Learning the ropes
A self-described politics nerd who interned in his state assemblymember’s office in high school, Sutton credits the rigors of the tight-knit environment of Pomona College — more than his three years at Stanford University Law School — with influencing the way he works today.
“I learned early I wasn’t going to get away without doing my homework,” he told us.
After clerking for former California Supreme Court Justice Edward Panelli from 1988 to 1989, he searched for a way to combine his legal degree with his keen interest in politics and government. In 1990 he found his way to Nielsen, Merksamer, though he lived, as he still does, in San Francisco.
Since he knew the city, he evolved into the firm’s attorney who dealt with San Francisco matters, he told us, even though he’s a member of the Republican Party — a rare bird here. In fact, he even served a stint as general counsel for the California Republican Party.
His first work in the city was on behalf of large institutions — the M.H. de Young Memorial Museum’s early bond campaigns, for example. He also made a key alliance with consultant Barnes, who was on his way to building a hugely influential career here and becoming closely connected to former mayor Brown.
In spring 1998, Sutton acted as treasurer for Bay Beautiful, a PAC aimed at defeating Proposition K, which former state senator Quentin L. Kopp put on the ballot to restrict Brown’s control of the development of Treasure Island. (Though the measure passed, the Brown-controlled Board of Supervisors failed to implement it.)
In November 1999, Sutton played a role in the orchestrated independent expenditure campaign on behalf of Brown’s reelection efforts in his handling of the Willie Brown Leadership PAC. The PAC directed some $55,000 into Brown’s bid for a second term (see “The Soft Money Shuffle,” 2/16/00).
At the time, Sutton had gone public with his strong opposition to efforts to restrict spending in political campaigns, writing in the San Francisco Examiner, “Not only does a spending cap decrease the quantity and quality of the issues discussed in the campaigns, it also infringes on First Amendment rights.”
One year after Brown’s reelection, the Leadership PAC, together with the pro-downtown Committee on Jobs, pumped some $67,000 into an unsuccessful bid to defeat Proposition O, which reinstated limits on independent expenditures and provided public financing for campaigns. Sutton handled the legal work for No on O.
No surprise there, Sutton’s critics say. Where money seeks to influence politics, that’s where you’ll find him. Sutton, though, says the list of campaigns he’s served doesn’t reflect his ideology as much as it does his skill set. He told us the best-funded campaigns “tend to have the more complicated legal questions, since they’re going to do more stuff.”
Money and politics
Advocates of campaign finance reform say Sutton has taken his opposition to campaign spending limits on the road, seeking to erode local ordinances that restrict spending.
“Sutton is active all over the state in his opposition to campaign finance reform,” said Paul Ryan, political reform project director for the Los Angeles–based Center for Governmental Studies.
Most recently Sutton testified before the San Diego Ethics Commission at a Jan. 21 hearing on a proposal to strengthen local campaign finance law. Sutton argued the commission should repeal the local law and replace it with the state’s version, which happens to be weaker.
“When we wrote the Political Reform Act of 1974, we put in there that local laws could be stronger than the state law,” Center for Governmental Studies director Bob Stern said. “What we have now is about 100 cities and counties that have gone beyond the state law. What [Sutton] is doing is pushing local jurisdictions to follow the state law only. And that’s unfortunate, because each local jurisdiction needs to deal with its own problems.”
Sutton said he just wants a uniform standard, with the minimal local amendments.
“[Cities and counties] keep making more and more laws, which are making things more and more complicated and difficult for anyone who wants to run for election to figure out,” Sutton said. “It has a dampening effect.”
Ryan and others are concerned Sutton might succeed in discouraging officials in municipalities such as Los Angeles and San Francisco from sticking by their stronger local laws. Compounding their concerns is that Sutton appears to have a great deal of influence over regulatory officials — at least in San Francisco.
Charlie Marsteller, who formerly headed up a San Francisco chapter of California Common Cause, believes the Ethics Commission has for more than a year failed to act on a complaint he filed against Sutton in late 2002, because of Sutton’s influence on the agency. (The complaint was over Sutton’s failure to disclose some $800,000 in contributions from PG&E to a committee aimed at defeating Proposition D, another public power measure.)
“It seems to me they are waiting until after February, when a seat on the commission is up and they’ll be able to replace [Bob Planthold] with a Sutton-friendly commissioner,” Marsteller said. (Assessor-Recorder Mabel Teng is expected to name Planthold’s replacement any day now.)
More recent examples activists point to include the Harris spending-cap matter and the latest: a charge made Jan. 16 by two Ethics Commission staffers that director Ginny Vida ordered the destruction of documents accidentally e-mailed to the agency by a secretary in Sutton’s office. Those documents, which were first reported on in the San Francisco Sentinel, strongly suggest that funds raised by the San Francisco Swearing-In Committee (without contribution limits) for Newsom’s inauguration were used to pay off a long list of consultants who worked on the campaign — a charge Sutton has vehemently denied.
On Jan. 28, Sutton filed paperwork for the committee reporting contributions but not expenditures. The total raised was $317,850 and included donations of $10,000 to $20,000 from such downtown players as Shorenstein Co., Gap founder Don Fisher, the San Francisco Association of Realtors, and Clear Channel.
Though Sutton insists he enjoys no undue influence on local regulators, even one of Harris’s consultants told us Sutton was hired for just that reason. “Jim Sutton has a certain amount of influence with Ginny Vida. He doesn’t think [spending limits] are constitutional,” Looman said. “And I believe that worries her too.”
Vida was on medical leave and couldn’t reached for comment, but her deputy, Mabel Ng, said neither she nor Vida give Sutton special treatment.
“I don’t think he has any more or any less influence than anyone else,” Ng said.
Dealing with Ethics
Sutton’s most impressive act in the Harris controversy was convincing Vida and Ng that Harris didn’t know she was bound to the pledge she signed in January 2003 to stay under the spending cap. Had ethics officials concluded that Harris knew her pledge was binding when she blew the cap sometime in September, they could have disqualified her from the race, according to the terms of the city’s campaign finance law.
Instead the Ethics Commission signed onto a settlement agreement stipulating that Harris’s had been an innocent mistake — though there was plenty of evidence that her campaign officials fully knew the pledge was binding (see Campaign Watch, 9/17/03 and 10/08/03). But in buying into Sutton’s version of events, the commission allowed Harris to continue spending money that helped her win the race.
“To facilitate the needs of Sutton’s clients, [Ethics] staffers gave in to Sutton the way he wanted,” Marsteller said. “The commissioners dropped the ball in that they needed to request an audit to check out the veracity of the statements being made by Harris…. They could hardly decide that the violations by the Harris committee were unintentional absent an audit. It’s one of the greatest demonstrations of incompetence I’ve seen, and Sutton led them into it.”
For his part, Sutton disagrees that Vida gave him an easy of time of it. “They fined [Harris] $34,000, and they made sure we printed flyers and ads telling the public of the mistake,” Sutton said.
That’s true. But Ryan and others view the matter as strong evidence of Sutton’s influence.
“It appears as though many of the arguments he makes personally are then likewise made by Ginny Vida and Mabel Ng,” Ryan said. “It appears as though Jim Sutton is influencing the public policy and San Francisco and the interpretation of the city’s finance laws.”