Political Corruption

Film Listings: June 25 – July 1, 2014

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Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Dennis Harvey, Lynn Rapoport, and Sara Maria Vizcarrondo. For rep house showtimes, see Rep Clock. For complete film listings, see www.sfbg.com.

FRAMELINE

Frameline 38, the San Francisco International LGBT Film Festival, runs through June 29 at the Castro Theatre, 429 Castro, SF; Roxie Theater, 3117 16th St, SF; Victoria Theatre, 2961 16th St, SF; and Rialto Cinemas Elmwood, 2966 College, Berk. For tickets (most shows $10-15) and schedule, visit www.frameline.org.

OPENING

Breathing Earth: Susumu Shingu’s Dream Japanese artist Susumu Shingu has built his career through his concerted engagement with the natural world. The wise and eternally smiling 75-year-old creates angular and often gargantuan mobiles that harness the power of wind and water to gyrate in ever-changing directions. In Breathing Earth, German director Thomas Riedelsheimer crafts a deliberately paced rumination on Shingu’s life philosophy that, while devoid of the frenetic facts, figures, and trite biographical rehashes that punctuate hyper-informative pop-docs, uses a beautifully simplistic narrative arc to illuminates Shingu’s attempt to create a hilly, open-air collection of windmills. The sculptor’s impassioned narration and charming conversations with potential landlords and investors (who usually entirely miss the point of his mission to raise environmental consciousness through aesthetic beauty) make Shingu impossible not to fall in love with — he is laid-back, funny, and astonishingly youthful. Riedelsheimer’s camera is similarly relaxed, gliding sumptuously over the green and wild landscapes on which Shingu installs his works. Despite his meditative tempo, Riedelsheimer manages to explore a remarkably wide scope; Shingu’s late-life marriage to a fellow sculptor, his appeals to both Japanese and German schoolchildren to care for the earth and help to avoid environmental disasters, and his intricate technical processes all receive intimate and inspiring sections. (1:37) Roxie, Smith Rafael. (David Kurlander)

Citizen Koch After quietly influencing conservative ideology, legislation, and elections for decades, the billionaire industrialist Koch brothers have found themselves becoming high-profile figures — much to their dismay, no doubt. The relative invisibility they hitherto enjoyed greatly abetted their impact in myriad arenas of public policy and “popular” conservative movements. Look behind any number of recent red-vs.-blue flashpoint issues and you can find their fingerprints: Notably state-level union busting; “smaller government” (i.e. incredible shrinking social services); seeding allegedly grassroots organizations like the Tea Party; furthering the Corporations = People thing (see: Citizens United); and generally helping the rich like themselves get richer while fostering working-class outrage at everybody else. This documentary by Trouble the Water (2008) co-directors Carl Deal and Tia Lessen touches on all those matters, while also focusing on Wisconsin as a test laboratory for the brothers’ Machiavellian think-tank maneuvers, following a Louisiana GOP candidate on the campaign trail (one he’s marginalized on for opposing corporate influence peddling), and more. Any one of these topics could support a feature of their own (and most already have). Citizen Koch‘s problem is that it tries to encompass too much of its subjects’ long reach, while (despite the title) leaving those subjects themselves underexplored. (It also suffers from being a movie completed at least 18 months ago, a lifetime in current US political terms.) For the reasonably well-informed this documentary will cover a lot of familiar ground—which is not to say that ground isn’t still interesting, or that the added human interest elements don’t compel. But the film covers so much ground it ends up feeling overstuffed and unfocused. (1:26) Opera Plaza, Shattuck. (Harvey)

Coherence See “Vortex Room.” (1:29) Presidio.

Korengal This companion piece to 2010’s Oscar-nominated Restrepo — one of the best docs about modern-day warfare to date, offering unfiltered access to an Army platoon stationed in Afghanistan’s Korengal Valley — uses previously unseen footage shot during the year filmmakers Sebastian Junger and Tim Hetherington spent shadowing their subjects. Korengal is structured as a more introspective work, with musings on what it feels like to be a soldier in the Korengal, surrounded by rough (yet strikingly beautiful) terrain populated by farmers who may or may not be Taliban sympathizers, not to mention unpredictable, heavily armed opponents referred to simply as “the enemy.” Interviews reveal sadness, boredom, a deep sense of brotherhood, and the frustrating feeling of going from “100 miles an hour to a dead halt” after the surreal exhilaration of a firefight. Korengal also functions as a tribute to Hetherington, who was killed in 2011 while on assignment in Libya. Not only does his death add a layer of poignant subtext, it also suggests why Junger felt moved to revisit this story. That said, though Korengal‘s footage is several years old, its themes remain distressingly timely. (1:24) Opera Plaza, Shattuck. (Eddy)

Snowpiercer Eighteen years after an attempt to reverse global warming has gone wildly awry — freezing all life into extinction — the only known survivors are on a one-of-a-kind perpetual-motion train that circles the Earth annually, has its own self-contained ecosystem, and can smash through whatever ice buildup has blocked its tracks since the last go-round. It’s also a microcosm of civilization’s worst class-economic-racial patterns over history, with the much-abused “tail” passengers living in squalor under the thumb of brutal military police. Unseen at the train’s front is its mysterious inventor, Wilford, whose minions enforce “Eternal Order Prescribed by the Sacred Engine.” Curtis (Chris Evans) is default leader of the proletariat’s latest revolt, in which they attempt to force their way forward though the prison section (where they free Song Kang-ho and Go Ah-sung as the train’s original lock designer and his psychic daughter) on to the wonders of the first class compartments, and beyond. This first (mostly) English-language feature by South Korean Bong Joon-ho (2006’s The Host, 2009’s Mother), based on a 1982 French graphic novel, starts out as a sort of locomotive, claustrophobic Mad Max (1979) variation. But it gets wilder and more satirical as it goes along, goosed by Tilda Swinton’s grotesquely comic Minister Mason, and Alison Pill as a teacher propagandist in a particularly hilarious set piece. In case the metaphor hasn’t already hit you on the head, one character explains “The train is the world, we the humanity.” But Snowpiercer‘s sociopolitical critique is as effective as it is blunt, because Bong handles everything here — visceral action, absurdist humor, narrative left-turns, neatly etched character archetypes, et al. — with style, confidence, and wit. Some of the FX may not be quite as seamless as it would have been in a $200 million Hollywood studio production, and fanboys will no doubt nitpick like nitwits at various “credibility gaps.” (As if this movie ever asks to be taken literally.) But by current, or any, sci-fi action blockbuster standards, this is a giddily unpredictable, risk-taking joy. (2:07) (Harvey)

Third Person A screenwriter, Paul Haggis, pens a script in which a novelist (Liam Neeson) sits alone in a smoke-filled hotel room in Paris struggling over a manuscript about a novelist who can only feel emotions through his characters. What that psychic state would actually look like remains unclear — when the woman (Olivia Wilde) he’s left his wife (Kim Basinger) for shows up, their playful, painful, fraught interactions reveal a man with above-average emotional reserves. Meanwhile, in another hotel in another city, Rome, a sleazy fashion industry spy (Adrien Brody) finds his life turned sideways by a seemingly chance encounter in a bar with a beautiful Romanian woman (Moran Atias) in dire need of money. And in a third hotel, in Manhattan, a young woman (Mila Kunis) cleans up the suites she used to stay in when she was married to a renowned painter (James Franco), with whom she has a son she may or may not have harmed in some terrible way. The film broadly hints at connections between these three sets of lives — in each, the loss or endangerment of a child produces an unrelenting ripple effect; speaking of which, objects unnaturally submerged in water present an ominous visual motif. If the movie poster doesn’t give the game away as you’re walking into the theater, the signposts erected by Haggis ensure that you won’t be in the dark for long. Learning how these characters relate to one another, however, puts considerable drag on the fabric of the plot, exposing the threadbare places, and where Haggis offers his tortured characters redemption, it comes at the cost of good storytelling. (2:17) Shattuck. (Rapoport)

Transformers: Age of Extinction Mark Wahlberg and the Dinobots star in the latest installment of Michael Bay’s action sci-fi series. (2:30) Presidio.

Under the Electric Sky Hey, raver! This 3D concert film enables you to experience the Electric Daisy Carnival without punching any holes in your brain. (1:25)

Violette Taking on another “difficult” woman artist after the excellent 2008 Séraphine (about the folk-art painter), Martin Provost here portrays the unhappy life of Violette Leduc (Emmanuelle Devos), whose fiction and autobiographical writings eventually made her a significant figure in postwar French literature. We first meet her waiting out the war with gay author Maurice Sachs (Olivier Py), one of many unrequited loves, then surviving via the black market trade before she’s “discovered” by such groundbreaking, already-established talents as Jean Genet (Jacques Bonnaffé) and Simone de Beauvoir (Sandrine Kiberlain). It is the latter, a loyal supporter who nonetheless retains a chilly emotional distance, who becomes bisexual Violette’s principal obsession over the coming 20 years or so. Devos does her best to portray “a neurotic crazy washed-up old bag” with an “ugly mug” — hardly! — who is perpetually broke, depressed, and awkward, thanks no doubt in part to her mean witch of a mother (Catherine Hiegel). “Screaming and sobbing won’t get you anywhere,” Simone at one point tells her, and indeed Leduc is a bit of a pill. For the most part lacking the visual splendors of Séraphine (this character’s environs weren’t so pastoral), Violette is finely acted and crafted but, like its heroine, hard to love. (2:18) Albany, Embarcadero. (Harvey)

ONGOING

Belle The child of a British naval officer and a Caribbean slave, Belle (Gugu Mbatha-Raw) is deposited on the doorstep — well, the estate grounds — of her father’s relatives in 1769 England after her mother dies. Soon she’s entirely orphaned, which makes her a wealthy heiress and aristocratic title holder at the same time that she is something less than human in the eyes of her adopted society. For Belle is black (or more properly, mixed-race), and thus a useless curiosity at best as a well-bred noblewoman of the “wrong” racial makeup. Based on a murky actual historical chapter, Amma Asante’s film is that rare sumptuous costume drama which actually has something on its mind beyond romance and royalty. Not least among its pleasures are a fine supporting cast including Tom Wilkinson, Miranda Richardson, Penelope Wilton, and Emily Watson. (1:45) Embarcadero, Piedmont, Shattuck. (Harvey)

A Coffee in Berlin How do you say “mumblecore” in German? Jan Ole Gerster’s debut feature has certain arty pretensions — it’s shot in black-and-white, and scored with peppy jazz — but it’s more or less a rambling day in the life of law school dropout Niko (Tom Schilling). It happens to be the very day Niko’s golf-loving father decides to stop funding his shiftless son’s slacker lifestyle, though that crisis (which, you know, Lena Dunham built an entire HBO comedy around) receives nearly equal heft as a cutesy ongoing gimmick that sees Niko incapable of getting a cup of coffee anywhere in Berlin. Hipster ennui can be compelling if it has some underlying energy and purpose (see: 2013’s Frances Ha, to which this film has been compared), but A Coffee in Berlin comes up short on both. That said, it does offer an intriguing portrayal of Berlin — a city whose modern-chic façade barely contains the history that haunts it — and some of its supporting characters, particularly Friederike Kempter as a former schoolmate of Niko’s who has outgrown him emotionally by about one thousand percent, provide pleasant enough distractions. (1:28) Opera Plaza, Shattuck. (Eddy)

The Fault in Our Stars I confess: I’m no card-carrying, vlog-flogging Nerdfighter in author John Green’s teen-geek army. But one can admire the passion — and teary romanticism — of the writer, readers, and the breakthrough novel that started it all. Much has been made over the cinematic tweaks to the best-selling YA book, but those seem like small beefs: OK, male romantic lead Gus’s (Ansel Elgort) perhaps-understandable brattiness seems to have been toned down a touch, but we’ll all get the somewhat-subversive push and pull of Green’s love story centered on two cancer-stricken innocents. Sixteen-year-old Hazel (a radiant Shailene Woodley) has been battling cancer almost all her life, fighting back from the brink, and now making her way every day with an oxygen tank and her devoted parents (Laura Dern, Sam Trammel) by her side. Her mordant wit, skeptical attitude, and smarts attract Gus, a handsome teen with a prosthetic leg, at a cancer support group, and the two embark on what seems like the most normal thing in the world — sweet, sweet love — albeit cut with the poignancy of almost-certain doom. Would the girl who calls herself a grenade dare to care for someone she will likely hurt? That’s the real question on her mind when the two reach out to the solitary author (Willem Dafoe) of their favorite book, An Imperial Affliction. The journey the two make leaves them both open to more hurt than either ever imagined, and though a good part of Fault‘s denouement boils down to a major puddle cuddle — with solid performances by all, but particularly Dern and Woodley — even a cynic is likely to get a bit misty as the kids endure all the stages of loss. And learning. (2:05) Balboa, 1000 Van Ness, Presidio, SF Center. (Chun)

Gore Vidal: The United States of Amnesia Nicholas Wrathall’s highly entertaining documentary pays tribute to one of the 20th century’s most brilliant, original, and cranky thinkers, with extensive input from the man himself before his death in 2012 at age 86. The emphasis here is less on Vidal’s life as a literary lion and often glittering celebrity social life than on his parallel career as a harsh scold of US social injustices and political corruption. (Needless to say, recent history only sharpened his tongue in that department, with George W. Bush dismissed as “a goddamn fool,” and earlier statements such as “This is a country of the rich, for the rich and by the rich” seeming more apt than ever.) He’s a wellspring of wisdoms both blunt and witty, sometimes surprising, as in his hindsight doubts about the virtues of JFK (a personal friend) as a president. We get plenty of colorful archival clips in which he’s seen verbally jousting with such famous foes as William F. Buckley and Norman Mailer, invariably reducing them to stammering fury while remaining exasperatingly unruffled. His “out” homosexuality and outré views on sexuality in general (at odds with an increasingly assimilationist gay community) kept him controversial even among many liberals, while conservatives were further irked by his rock-solid family connections to the ruling elite. In our era of scripted political rhetoric and pandering anti-intellectualism, it’s a joy merely to spend an hour and half in the company of someone so brilliantly articulate on seemingly any topic — but particularly on the perpetually self-mythologizing, money-worshipping state of our Union. (1:29) Opera Plaza. (Harvey)

The Grand Seduction Canadian actor-director Don McKellar (1998’s Last Night) remakes 2003 Quebecois comedy Seducing Doctor Lewis, about a depressed community searching for the town doctor they’ll need before a factory will agree to set up shop and bring much-needed jobs to the area. Canada is still the setting here, with the harbor’s name — Tickle Head — telegraphing with zero subtlety that whimsy lies ahead. A series of events involving a Tickle Head-based TSA agent, a bag of cocaine, and a harried young doctor (Taylor Kitsch) trying to avoid jail time signals hope for the hamlet, and de facto town leader Murray (Brendan Gleeson) snaps into action. The seduction of “Dr. Paul,” who agrees to one month of service not knowing the town is desperate to keep him, is part Northern Exposure culture clash, part Jenga-like stack of lies, as the townspeople pretend to love cricket (Paul’s a fanatic) and act like his favorite lamb dish is the specialty at the local café. The wonderfully wry Gleeson is the best thing about this deeply predictable tale, which errs too often on the side of cute (little old ladies at the switchboard listening in on Paul’s phone-sex with his girlfriend!) rather than clever, as when an unsightly structure in the center of town is explained away with a fake “World Heritage House” plaque. Still, the scenery is lovely, and “cute” doesn’t necessarily mean “not entertaining.” (1:52) Albany, Embarcadero. (Eddy)

Ida The bomb drops within the first ten minutes: after being gently forced to reconnect with her only living relative before taking her vows, novice nun Anna (Agata Trzebuchowska) learns that her name is actually Ida, and that she’s Jewish. Her mother’s sister, Wanda (Agneta Kulesza) — a Communist Party judge haunted by a turbulent past she copes with via heavy drinking, among other vices — also crisply relays that Ida’s parents were killed during the Nazi occupation, and after some hesitation agrees to accompany the sheltered young woman to find out how they died, and where their bodies were buried. Drawing great depth from understated storytelling and gorgeous, black-and-white cinematography, Pawel Pawilowski’s well-crafted drama offers a bleak if realistic (and never melodramatic) look at 1960s Poland, with two polar-opposite characters coming to form a bond as their layers of painful loss rise to the surface. (1:20) Albany, Clay, Piedmont. (Eddy)

Ivory Tower The latest “issue doc” to come down the pipeline is this very timely and incisive look at the cost of higher education from director Andrew Rossi (2011’s Page One: Inside the New York Times). Rossi is a Yale and Harvard Law grad, and he begins his film in the hallowed halls of the latter to frame the question: In the era of skyrocketing tuition, and with the student loan debt hovering at a trillion bucks, is college still worth it? The answer is left open-ended, though with the very strong suggestion that nontraditional education (including community colleges, online learning, and the Silicon Valley-spawned “uncollege” movement) is certainly something worth exploring, particularly for the non-wealthy. Along the way, we do see some positive tales (a kid from the mean streets of Cleveland gets a full-ride scholarship to Harvard; students at rural Deep Springs College follow philosophy discussions with farm work; African American women at Spelman College thrive in an empowering environment), but there’s a fair amount of cynicism here, too, with a hard look at how certain state schools are wooing deep-pocketed out-of-staters with fancy athletic stadiums, luxurious amenities, and a willingness to embrace, however unofficially, their hard-partying reputations. Segments following a student protest at New York’s Cooper Union, a formerly free school forced to consider collecting tuition after a string of financial troubles, echo Frederick Wiseman’s epic At Berkeley (2013), a thematically similar if stylistically very different work. (1:37) California. (Eddy)

Jersey Boys The musical that turned the back story of Frankie Valli and the Four Seasons — the 1960s hit making machines behind upbeat doo-wop ditties like “Sherry,” “Big Girls Don’t Cry,” “Walk Like a Man,” and a zillion more; you will recognize all of them — into Broadway gold ascends to the big screen thanks to director Clint Eastwood, a seemingly odd choice until you consider Eastwood’s own well-documented love of music. Jersey Boys weaves a predictable tale of show biz dreams realized and then nearly dashed, with a gangster element that allows for some Goodfellas-lite action (a pre-fame Joe Pesci is a character here; he was actually from the same ‘hood, and was instrumental in the group’s formation). With songs recorded live on-set, à la 2012’s Les Misérables, there’s some spark to the musical numbers, but Eastwood’s direction is more solid than spontaneous, with zero surprises (even the big finale, clearly an attempt at a fizzy, feel-good farewell, seems familiar). Still, the cast — including Tony winner John Lloyd Young as Valli, and Christopher Walken as a sympathetic mobster — is likable, with Young in particular turning in a textured performance that speaks to his years of experience with the role. For an interview with cast members Young, Michael Lomenda (who plays original Four Season Nick Massi), and Erich Bergen (as Bob Gaudio, the member who wrote most of the group’s hits), visit www.sfbg.com/pixel_vision. (2:14) Four Star, Marina, 1000 Van Ness, SF Center, Shattuck, Sundance Kabuki, Vogue. (Eddy)

Obvious Child We first encounter the protagonist of writer-director Gillian Robespierre’s funny, original film — a Brooklyn-dwelling twentysomething named Donna (Jenny Slate), who works at a lefty secondhand bookstore and makes regular (if unpaid) appearances at a local comedy night — onstage mining such underdiscussed topics as the effects of vaginal discharge on your garden-variety pair of underwear. This proves a natural segue to other hefty nuggets of embarrassment gold concerning her love life, to the dismay of boyfriend Ryan (Paul Briganti), auditing from the back of the club. He pretty much deserves it, however, for what he’s about to do, which is break up with her in a nasty, well-populated unisex bathroom, taking time to repeatedly glance at the texts coming through on his phone from Donna’s good friend, with whom he’s sleeping. So when Donna, mid-drowning of sorrows, meets a nice-looking fellow named Max (Jake Lacy) at the bar, his post-fraternity-presidency aesthetic seems unlikely to deter her from a one-night stand. The ensuing trashed make-out dance-off in Max’s apartment to the Paul Simon song of the title is both comic and adorable. The fractured recap of the evening’s condom-free horizontal events that occurs inside Donna’s brain three weeks later, as she hunkers down with her best friend, Nellie (Gaby Hoffmann), in the bookstore’s bathroom after peeing on a stick, is equally hilarious — and unwanted-pregnancy jokes aren’t that easy to pull off. Robespierre’s treatment of this extended windup and of Donna’s decision to have an abortion is a witty, warmhearted retort to 2007’s Knocked Up, a couple generations’ worth of Hollywood rom-com writers, and an entertainment industry that continues to perform its sweaty contortions of storytelling in the gutless cause of avoiding the A-word. (1:15) California, Embarcadero, Piedmont, Sundance Kabuki. (Rapoport)

Ping Pong Summer Eighties teen flicks of the My Bodyguard (1980), smart-dweebs-beat-the-bullies ilk are paid homage in Michael Tully’s deadpan satire, which is closer in spirit to the Comedy of Lameness school whose patron saint is Napoleon Dynamite. Radley (Marcello Conte) is an average teen so excited to be spending the summer of 1985 in Ocean City, Md. with his family that he renames himself “Rad Miracle.” He acquires a new best friend in Teddy (Myles Massey), who as the whitest black kid imaginable might make even Rad look cool by comparison. However, they are both dismayed to discover the local center for video gaming and everything else they like is ruled by bigger, older, cuter, and snottier douchebag Lyle Ace (Joseph McCaughtry) and his sidekick. Only kicking Lyle’s ass at ping pong — with some help from a local weirdo (a miscast Susan Sarandon, apparently here because she’s an off screen ping pong enthusiast) — can save Rad’s wounded dignity, and the summer in general. A big step up from Tully’s odd but pointless prior Septien (2011), this has all the right stuff (including a soundtrack packed with the likes of the Fat Boys, Mary Jane Girls, New Edition, Whodini, and Night Ranger) to hilariously parody the era’s inanities. But it’s just mildly amusing — a droll attitude with lots of period detail but not much bite. (1:32) Roxie. (Harvey)

The Rover Future days have never seemed quite so bleak as they are depicted in the wild, wild Aussie west of The Rover — rendered by Animal Kingdom (2010) director David Michod, who co-wrote The Rover with Joel Edgerton. Let’s just say we’re probably not going to see any primo Burner ensembles inspired by this post-apocalyptic yarn: Michod ventures to a plausible future only a decade out, after a global economic collapse, and breaks down the brooding road trip to its hard-boiled bones, setting it in a beauteous, lawless, and unceasingly violent outback. A heist gone wrong leads a small gang of robbers to steal the car belonging to monosyllabic, ruthless mystery man Eric (Guy Pearce). The latter wants his boxy little sedan back, badly, and, in the cat and mouse game that ensues, seems willing to die for the trouble. Meanwhile, one of the gang of thieves — the slow, dreamy Rey (Robert Pattinson), who has been left to die of a gunshot wound in the dirt — turns out to be more of a survivor than anyone imagined when he tracks down the tracker hunting for his brother and cohorts. Michod seems most interested in examining and turning over the ties that bind, in a mean time, an eminently absurdist moment, when everything else has fallen away in the face of sheer survival. Cineastes, however, will appreciate the elemental, existential pleasures of this dog-eat-dog Down Under out-Western, not the least of which include the performances. Pearce’s rework of the Man With No Name exudes intention in the very forward thrust of his stance, and Pattinson breaks his cool — and the confines of typecasting — as a blubbering, babbling, thin-skinned man-child. Clad in the mystic expanses of the South Australia desert, which tip a hat to John Ford Westerns as well as scorched-earth-of-the-mind movies such as El Topo (1970) and Paris, Texas (1984), The Rover is taken to the level of tone poem by the shuddering, moaning cellos of Antony Partos’s impressive, atonal electroacoustic score. (1:42) Metreon, Shattuck. (Chun)

The Signal Sharing its title with a 2007 film — also a thriller about a mysterious transmission that wreaks havoc in the lives of its protagonists — this offbeat feature from co-writer and director William Eubank belies its creator’s deep affection for, and knowledge of, the sci-fi genre. Number one thing The Signal is not is predictable, but its twists feel organic even as the story takes one hairpin turn after another. MIT buddies Nic (Brenton Thwaites) and Jonah (Beau Knapp) are driving Nic’s girlfriend, Haley (Olivia Cooke), cross-country to California. Complicating the drama of the young couple’s imminent separation is Nic’s deteriorating physical condition (it’s never explained, but the former runner apparently has MS or some other neurological disease). The road trip turns dark when the trio (who also happen to be hackers) realize an Internet troll they’ve tangled with in the past is stalking them. After a brief detour into found-footage horror — fooled ya, Eubank seems to be saying; this ain’t that kind of movie at all! — the kids find themselves embroiled in ever-more-terrifying realities. To give away more would ruin the fun of being shocked for yourself, but think Twilight Zone meets Area 51 meets a certain futuristic trilogy starring Laurence Fishburne, who turns up here to play a very important role in Nic and company’s waking nightmare. (1:37) Metreon. (Eddy) *

 

Frameline is underway! Plus: crooners, ping-pong champs, and more, in new movies

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Frameline 38, the San Francisco International LGBT Film Festival, kicked off last night and runs through June 29; check out our big list o’ blurbs right here. Elsewhere, Clint Eastwood directs a musical, Guy Pearce prowls the outback, a very good suburban noir emerges from the Netherlands, a documentary takes on the cost of higher education, and more! Read on for the goods (and bads). 

https://www.youtube.com/watch?v=j-VBgShBKlY

 Borgman Popping out from his underground hidey hole, narrowly escaping organized armed vigilantes — indicating an ongoing, possibly global secret battle this movie is content to leave entirely unexplained — the titular figure (Jan Bijvoet) shambles to a nearby home and demands comfort. Refused, he persists, and housewife Marina (Hadewych Minis) acquiesces — at first on the sly, as husband Richard (Jeroen Perceval) has already beaten their paunchy, disheveled, weird would-be guest. But soon Borgman is insinuating himself with the well-off suburban couple’s three children, gradually warping the family dynamic until he has everyone under his power. You’ve seen this kind of “Enigmatic stranger invades complacent bourgeoisie home, wreaks liberating and/or terrifying havoc” thing before, both in thrillers and in artier parables from Teorema (1968) to The King (2005). There is nothing wildly original about Dutch filmmaker Alex van Warmerdam’s seductive, macabre black comedy in outline, not its satire of oblivious upper-middle-class entitlement or even (perhaps especially) when the too-generous hosts and any unlucky interlopers start getting killed off one by one. You can debate Borgman’s precise point, or whether it has one at all. But there’s a tart, bracing quality to this cruel absurdist joke that is as perversely delightful as the film is utterly misanthropic. (1:53) (Dennis Harvey)

A Coffee in Berlin How do you say “mumblecore” in German? Jan Ole Gerster’s debut feature has certain arty pretensions — it’s shot in black-and-white, and scored with peppy jazz — but it’s more or less a rambling day in the life of law school dropout Niko (Tom Schilling). It happens to be the very day Niko’s golf-loving father decides to stop funding his shiftless son’s slacker lifestyle, though that crisis (which, you know, Lena Dunham built an entire HBO comedy around) receives nearly equal heft as a cutesy ongoing gimmick that sees Niko incapable of getting a cup of coffee anywhere in Berlin. Hipster ennui can be compelling if it has some underlying energy and purpose (see: 2013’s Frances Ha, to which this film has been compared), but A Coffee in Berlin comes up short on both. That said, it does offer an intriguing portrayal of Berlin — a city whose modern-chic façade barely contains the history that haunts it — and some of its supporting characters, particularly Friederike Kempter as a former schoolmate of Niko’s who has outgrown him emotionally by about one thousand percent, provide pleasant enough distractions. (1:28) (Cheryl Eddy)

Fateful Findings Oh my. With the technical sophistication of Birdemic (2008), Doris Wishman-worthy attention to superfluous detail, and the obliviousness of The Room (2008) toward any semblance of narrative or character continuity, this supernatural drama — or, uh, something like that — is making a bid to be the latest so-bad-it’s-surreal midnight movie hit. Writer-director-producer-editor-star Neil Breen, a man of many hats if no apparent talents, plays Dylan, a writer. As a child, he and friend Leah had found a mushroom that turned into a jewelry box (““Look what I found! A treasure! It’s a magical day!”), and which will come to effect their lives in ways that never make any sense whatsoever. They reunite as re-infatuated adults (Jennifer Autry now playing Leah), which is bad news for the pill-popping wife (Klara Landrat) Dylan is kinda over anyway. Meanwhile, their friends Jim (David Silva) and Amy (Victoria Valene) fight a lot, because he drinks to compensate for their nonexistent sex life, and she’s just incredibly bitchy. Eventually we realize that Dylan is working on a new book that will shockingly expose the rampant global corporate and political corruption that apparently no one has ever noticed before. The climax, which must be seen to be believed, has him triumphantly announcing these (extremely vague) revelations to the cheers of invisible thousands, while disgraced officials are seen committing suicide en masse rather than, you know, retiring to the Canary Islands. There’s a fine line between the hilarious and tortuous that is exactly where Fateful Findings lives. With its flatlined pacing, not-from-this-planet dialogue (Dylan straight facedly tells a dead body “I can’t help you outta this one”), gratuitous nudity, and curious insistence that its characters express emotions by throwing things (laptops, pieces of meat, etc.), this inscrutable vanity project is indeed unique. What it lacks to get you through the (many) boring parts is the compelling personality of a Tommy Wiseau — Breen is (like everyone here) awful, but he’s just a zero onscreen, not a fascinating weirdo. You will want to be drunk for this movie. (1:40) Clay. (Dennis Harvey)

Ivory Tower The latest “issue doc” to come down the pipeline is this very timely and incisive look at the cost of higher education from director Andrew Rossi (2011’s Page One: Inside the New York Times). Rossi is a Yale and Harvard Law grad, and he begins his film in the hallowed halls of the latter to frame the question: In the era of skyrocketing tuition, and with the student loan debt hovering at a trillion bucks, is college still worth it? The answer is left open-ended, though with the very strong suggestion that nontraditional education (including community colleges, online learning, and the Silicon Valley-spawned “uncollege” movement) is certainly something worth exploring, particularly for the non-wealthy. Along the way, we do see some positive tales (a kid from the mean streets of Cleveland gets a full-ride scholarship to Harvard; students at rural Deep Springs College follow philosophy discussions with farm work; African American women at Spelman College thrive in an empowering environment), but there’s a fair amount of cynicism here, too, with a hard look at how certain state schools are wooing deep-pocketed out-of-staters with fancy athletic stadiums, luxurious amenities, and a willingness to embrace, however unofficially, their hard-partying reputations. Segments following a student protest at New York’s Cooper Union, a formerly free school forced to consider collecting tuition after a string of financial troubles, echo Frederick Wiseman’s epic At Berkeley (2013), a thematically similar if stylistically very different work. (1:37) (Cheryl Eddy)

Jersey Boys The musical that turned the back story of Frankie Valli and the Four Seasons — the 1960s hit making machines behind upbeat doo-wop ditties like “Sherry,” “Big Girls Don’t Cry,” “Walk Like a Man,” and a zillion more; you will recognize all of them — into Broadway gold ascends to the big screen thanks to director Clint Eastwood, a seemingly odd choice until you consider Eastwood’s own well-documented love of music. Jersey Boys weaves a predictable tale of show biz dreams realized and then nearly dashed, with a gangster element that allows for some Goodfellas-lite action (a pre-fame Joe Pesci is a character here; he was actually from the same ‘hood, and was instrumental in the group’s formation). With songs recorded live on-set, à la 2012’s Les Misérables, there’s some spark to the musical numbers, but Eastwood’s direction is more solid than spontaneous, with zero surprises (even the big finale, clearly an attempt at a fizzy, feel-good farewell, seems familiar). Still, the cast — including Tony winner John Lloyd Young as Valli, and Christopher Walken as a sympathetic mobster — is likable, with Young in particular turning in a textured performance that speaks to his years of experience with the role. Interview with cast members Young, Michael Lomenda (who plays original Four Season Nick Massi), and Erich Bergen (as Bob Gaudio, the member who wrote most of the group’s hits), right here. (2:14) (Cheryl Eddy)

Ping Pong Summer Eighties teen flicks of the My Bodyguard (1980), smart-dweebs-beat-the-bullies ilk are paid homage in Michael Tully’s deadpan satire, which is closer in spirit to the Comedy of Lameness school whose patron saint is Napoleon Dynamite. Radley (Marcello Conte) is an average teen so excited to be spending the summer of 1985 in Ocean City, Md. with his family that he renames himself “Rad Miracle.” He acquires a new best friend in Teddy (Myles Massey), who as the whitest black kid imaginable might make even Rad look cool by comparison. However, they are both dismayed to discover the local center for video gaming and everything else they like is ruled by bigger, older, cuter, and snottier douchebag Lyle Ace (Joseph McCaughtry) and his sidekick. Only kicking Lyle’s ass at ping pong — with some help from a local weirdo (a miscast Susan Sarandon, apparently here because she’s an off screen ping pong enthusiast) — can save Rad’s wounded dignity, and the summer in general. A big step up from Tully’s odd but pointless prior Septien (2011), this has all the right stuff (including a soundtrack packed with the likes of the Fat Boys, Mary Jane Girls, New Edition, Whodini, and Night Ranger) to hilariously parody the era’s inanities. But it’s just mildly amusing — a droll attitude with lots of period detail but not much bite. (1:32) Roxie. (Dennis Harvey)

The Rover Future days have never seemed quite so bleak as they are depicted in the wild, wild Aussie west of The Rover — rendered by Animal Kingdom (2010) director David Michod, who co-wrote The Rover with Joel Edgerton. Let’s just say we’re probably not going to see any primo Burner ensembles inspired by this post-apocalyptic yarn: Michod ventures to a plausible future only a decade out, after a global economic collapse, and breaks down the brooding road trip to its hard-boiled bones, setting it in a beauteous, lawless, and unceasingly violent outback. A heist gone wrong leads a small gang of robbers to steal the car belonging to monosyllabic, ruthless mystery man Eric (Guy Pearce). The latter wants his boxy little sedan back, badly, and, in the cat and mouse game that ensues, seems willing to die for the trouble. Meanwhile, one of the gang of thieves — the slow, dreamy Rey (Robert Pattinson), who has been left to die of a gunshot wound in the dirt — turns out to be more of a survivor than anyone imagined when he tracks down the tracker hunting for his brother and cohorts. Michod seems most interested in examining and turning over the ties that bind, in a mean time, an eminently absurdist moment, when everything else has fallen away in the face of sheer survival. Cineastes, however, will appreciate the elemental, existential pleasures of this dog-eat-dog Down Under out-Western, not the least of which include the performances. Pearce’s rework of the Man With No Name exudes intention in the very forward thrust of his stance, and Pattinson breaks his cool — and the confines of typecasting — as a blubbering, babbling, thin-skinned man-child. Clad in the mystic expanses of the South Australia desert, which tip a hat to John Ford Westerns as well as scorched-earth-of-the-mind movies such as El Topo (1970) and Paris, Texas (1984), The Rover is taken to the level of tone poem by the shuddering, moaning cellos of Antony Partos’s impressive, atonal electroacoustic score. (1:42) (Kimberly Chun)

Think Like a Man Too Kevin Hart and company head to Vegas in this sequel to the 2012 hit comedy based on Steve Harvey’s best-selling relationship tome. (2:02)

If you even have time to make it to the movies between World Cup matches…

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…read on for our takes on the new flicks of the week. Pssst: lots of good stuff still to come at DocFest, too!

Alone Yet Not Alone Remember that Christian historical drama that was Oscar-nominated for Best Song but then got kicked out of the running because of the songwriter’s sketchy campaign tactics? No? Well, here ’tis. (1:43)

https://www.youtube.com/watch?v=INW6i6K1NmQ&feature=kp

Gore Vidal: The United States of Amnesia Nicholas Wrathall’s highly entertaining documentary pays tribute to one of the 20th century’s most brilliant, original, and cranky thinkers, with extensive input from the man himself before his death in 2012 at age 86. The emphasis here is less on Vidal’s life as a literary lion and often glittering celebrity social life than on his parallel career as a harsh scold of US social injustices and political corruption. (Needless to say, recent history only sharpened his tongue in that department, with George W. Bush dismissed as “a goddam fool,” and earlier statements such as “This is a country of the rich, for the rich and by the rich” seeming more apt than ever.) He’s a wellspring of wisdoms both blunt and witty, sometimes surprising, as in his hindsight doubts about the virtues of JFK (a personal friend) as a president. We get plenty of colorful archival clips in which he’s seen verbally jousting with such famous foes as William F. Buckley and Norman Mailer, invariablyreducing them to stammering fury while remaining exasperatingly unruffled. His “out” homosexuality and outré views on sexuality in general (at odds with an increasingly assimilationist gay community) kept him controversial even among many liberals, while conservatives were further irked by his rock-solid family connections to the ruling elite. In our era of scripted political rhetoric and pandering anti-intellectualism, it’s a joy merely to spend an hour and half in the company of someone so brilliantly articulate on seemingly any topic — but particularly on the perpetually self-mythologizing, money-worshipping state of our Union. (1:29) (Dennis Harvey)

How to Train Your Dragon 2 Sequel to the 2010 animated hit about Vikings and their dragon buddies, with voices by Jay Baruchel, Cate Blanchett, Gerard Butler, Djimon Honsou, America Ferrera, Kit Harington, Jonah Hill, and others. (1:42) 

Obvious Child We first encounter the protagonist of writer-director Gillian Robespierre’s funny, original film — a Brooklyn-dwelling twentysomething named Donna (Jenny Slate), who works at a lefty secondhand bookstore and makes regular (if unpaid) appearances at a local comedy night — onstage mining such underdiscussed topics as the effects of vaginal discharge on your garden-variety pair of underwear. This proves a natural segue to other hefty nuggets of embarrassment gold concerning her love life, to the dismay of boyfriend Ryan (Paul Briganti), auditing from the back of the club. He pretty much deserves it, however, for what he’s about to do, which is break up with her in a nasty, well-populated unisex bathroom, taking time to repeatedly glance at the texts coming through on his phone from Donna’s good friend, with whom he’s sleeping. So when Donna, mid-drowning of sorrows, meets a nice-looking fellow named Max (Jake Lacy) at the bar, his post-fraternity-presidency aesthetic seems unlikely to deter her from a one-night stand. The ensuing trashed make-out dance-off in Max’s apartment to the Paul Simon song of the title is both comic and adorable. The fractured recap of the evening’s condom-free horizontal events that occurs inside Donna’s brain three weeks later, as she hunkers down with her best friend, Nellie (Gaby Hoffmann), in the bookstore’s bathroom after peeing on a stick, is equally hilarious — and unwanted-pregnancy jokes aren’t that easy to pull off. Robespierre’s treatment of this extended windup and of Donna’s decision to have an abortion is a witty, warmhearted retort to 2007’s Knocked Up, a couple generations’ worth of Hollywood rom-com writers, and an entertainment industry that continues to perform its sweaty contortions of storytelling in the gutless cause of avoiding the A-word. (1:15) (Lynn Rapoport)

The Signal Sharing its title with a 2007 film — also a thriller about a mysterious transmission that wreaks havoc in the lives of its protagonists — this offbeat feature from co-writer and director William Eubank belies its creator’s deep affection for, and knowledge of, the sci-fi genre. Number one thing The Signal is not is predictable, but its twists feel organic even as the story takes one hairpin turn after another. MIT buddies Nic (Brenton Thwaites) and Jonah (Beau Knapp) are driving Nic’s girlfriend, Haley (Olivia Cooke), cross-country to California. Complicating the drama of the young couple’s imminent separation is Nic’s deteriorating physical condition (it’s never explained, but the former runner apparently has MS or some other neurological disease). The road trip turns dark when the trio (who also happen to be hackers) realize an Internet troll they’ve tangled with in the past is stalking them. After a brief detour into found-footage horror — fooled ya, Eubank seems to be saying; this ain’t that kind of movie at all! — the kids find themselves embroiled in ever-more-terrifying realities. To give away more would ruin the fun of being shocked for yourself, but think Twilight Zone meets Area 51 meets a certain futuristic trilogy starring Laurence Fishburne, who turns up here to play a very important role in Nic and company’s waking nightmare. (1:37) (Cheryl Eddy)

Supermensch: The Legend of Shep Gordon See “Puff Piece.” (1:24) 

https://www.youtube.com/watch?v=qm8UaNdq24c&feature=kp

22 Jump Street In this TV-inspired sequel, “Previously on 21 Jump Street…” is all the backstory we get. 22 wastes no time sending Officers Schmidt (Jonah Hill) and Jenko (Channing Tatum) back to school to solve another case. A few details have changed (they’re in college now, where the drug of choice is “Why Phy”), but the situation is self-consciously boilerplate, which lets the filmmakers cast (ironic) judgment on sequels — and imply the TV show was redundant. College proves hilarious, from the rundown of dorm room essentials to Schmidt’s walk of shame, and the touchstones are sharp and embarrassing. An extended fight between Schmidt and a girl (Jillian Bell, fabulous) twists gender issues and sexual assault into gloriously absurd politics. Best of all is a fairly understated joke in front of the Benjamin Hill School of Film Studies. I laughed as much at 22 as I did at 21, but 22 spends so much time calling out its number-two status that it almost becomes performance art. (1:45) (Sara Maria Vizcarrondo)

SF’s culture of corruption

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EDITORIAL The extent of the charges in the criminal complaint against Sen. Leland Yee, political consultant Keith Jackson, and others are shocking and sensational: international arms trafficking, drug dealing, money laundering, cavorting with organized crime figures, murder for hire. But the basic allegation that Yee and Jackson practiced a corrupt, transactional kind of politics wasn’t surprising to anyone who knew how they operated.

What’s worse, they were simply a more extreme — and now, thanks to FBI wiretaps and undercover agents, a better documented — example of the political corruption that is endemic to San Francisco and some other high-stakes American cities. The city of St. Francis gets sold out to the highest bidders everyday, by politicians who value wealthy constituents over the vast majority of us who are just trying to get by — and over the interests of city finances and governance.

Part of the problem is inherent in our money-driven political system, in which politicians are constantly hustling for cash from people who want things from them. Politicians deny they take actions with political contributions in mind, but well-heeled capital and labor interests don’t spend millions of dollars on contributions out of the goodness of their hearts. These are business transactions.

We wholeheartedly support the call Senate President Darrell Steinberg made for fundamental political reform during the March 28 vote to suspend Yee and two of his allegedly corrupt colleagues. These cases aren’t aberrations, they are indicative of how power get wielded when it’s based on wealth. That’s the reality that has gotten even uglier since the Citizens United decision equated money with political speech and upped the ante for would-be public servants.

But much of the problem is particular to San Francisco, where cozy relationships between politicians and corporate interests are often feted in plain view. Former Mayor Willie Brown — a lawyer and unregistered lobbyist who won’t reveal his huge corporate client list despite having an influential weekly column in the San Francisco Chronicle — helped install his longtime City Hall functionary Ed Lee into Room 200 to guard against anyone asking too much of the rich and powerful. Yee and Lee represented rival Chinatown economic factions, both wanting to use the power of the Mayor’s Office for their interests.

In his March 22 column, Brown once again repeated a joke he’s used before, that the “e” in email stands for “evidence,” which is really only funny in a sick political culture that celebrates slick rule-breakers. And it was from Brown that Lee learned it was acceptable to brazenly give tax breaks and regulatory passes to the tech companies that his top fundraiser, venture capitalist Ron Conway, are invested in.

Megadeveloper Lennar Urban used its wealth and political connections to take control of San Francisco’s biggest tracts of undeveloped and underdeveloped land, including Hunters and Candlestick points and Treasure Island, paying off community groups and hiring Jackson and other political henchmen to get the job done.

In fact, the FBI complaint says Jackson was working on behalf of that project when he approached accused Chinatown gangster Raymond “Shrimp Boy” Chow for support, leading to their alleged involvement in a string of wild criminal conspiracies. Meanwhile, Chow was getting public commendations from San Francisco-based politicians including Lee, Yee, Gavin Newsom, Dianne Feinstein, Fiona Ma, and even Tom Ammiano. Chow courted political legitimacy the same way politicians seek cash, and mainstream media outlets were happy to play along.

Throughout his political career, Yee has carried water for Pacific Gas & Electric, perhaps the most corrupting contributor to political campaigns in the city’s history. PG&E’s influence at City Hall had thankfully waned in recent years as a result of overreach and deadly criminal negligence, until Lee and his appointees last year killed CleanPowerSF (see “Challenge Mayor Lee and his lies,” 9/17/13) on a pretext so thin it could only be gift to PG&E.

In many ways, San Francisco hasn’t changed. It’s still the old Barbary Coast, ruled by capitalist thugs and corrupt politicians, only with glossy modern spin created by armies of well-paid political consultants. But we all deserve better.

Yee and Jackson should go to prison if there’s even a slice of truth to the allegations against them. And maybe they’ll cut deals and take other political figures down with them, giving us more of a peek behind the curtain of political power. But it’s up to all of us to break the close ties between economic and political power and begin to restore the democratic power of everyday people.

Complaint against Yee includes firearms trafficking and envelopes full of cash

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The federal criminal charges filed today against Sen. Leland Yee (D-SF), local political consultant Keith Jackson, reputed Chinatown organized crime boss Raymond “Shrimp Boy” Chow, and 23 other defendants allege a vast criminal conspiracy that was penetrated by undercover FBI agents, who say they then gave Yee envelopes full of cash in exchange for official favors.

Among the many bizarre aspects of this blockbuster case, Yee stands accused of taking part in a conspiracy to illegally smuggle firearms into the country, and using those deals to help secure campaign contributions for his current campaign for Secretary of State, while he was sponsoring a trio of gun control bills that were signed into law last year.

Yee, who reportedly faces 16 years in prison for two felony counts of wire fraud and conspiracy to deal firearms without a license and to illegally import firearms, was arrested this morning during a series of early morning police raids, pleaded not guilty at his arraignment this afternoon, and was freed after posting a $500,000 unsecured bond.

Chow had a long criminal history as the admitted head of the Hop Sing gang in SF’s Chinatown, serving prison time. “Chow’s criminal history includes a guilty plea in federal court for racketeering, involving murder for hire, conspiracy to distribute heroin, arson, and conspiracy to collect extensions of credit,” the complaint notes. (You can read the full complaint here.)

Chow publicly claimed to go legit after being released from federal prison in 2006, and he has cultivated many high-profile business and political connections in San Francisco. But the 137-page criminal complaint that was unsealed today alleges that “Chow is currently the Dragonhead, or leader, of the San Francisco-based Chee Kung Tong organization,” which it describerd as a criminal syndicate connected to Hung Mun, a criminal dynasty that began in 17th century China, “also referred to as a Chinese secret society and the Chinese Freemasons.”

It says Chow was sworn in as CKT head in August 2006 after being released from federal prison, soon after the still-unsolved murder of CKT head Allen Ngai Leung. Chow’s swearing-in was reported in local Chinese media sources, so SFPD and FBI conducted surveillance there and launched an investigation.

CKT is allegedly part of Triad, an international Chinese organized crime group with ties to China and Hong Kong, and in San Francisco it is said to be comprised of Chow’s Hop Sing, a street gang with 200-300 members, and the Wah Ching gang headed by George Nieh, who was charged with a variety of crimes today.

“Nieh said he was in charge of the Wah Ching gang and Chow was in charge of the Hop Sing gang. Nieh said they used to be enemies, but banded together instead,” the complaint says, relating what they allegedly told FBI informants who had infiltrated the organization.

The FBI says it began infiltrating CKT five years ago, including an undercover FBI agent dubbed UCE 4599, who in May 2010 was introduced to Chow, who “then introduced UCE 4599 to many of the target subjects.”

Chow allegedly told UCE 4599 that he oversees all of CKT criminal enterprises, but doesn’t actively run them anymore, acting as a arbiter, or as a judge when one CKT member kills another. Nieh allegedly heads the criminal activities division and reports to Chow.

They are accused of laundering money made from “illegal activities, specifically illegal gambling, bookmaking, sports betting, drugs, and outdoor marijuana grows.” They allegedly laundered $2.3 million between March 2011 and December 2013 for UCE 4599, with members collecting a 10 percent fee for doing so.

UCE 4599 told Chow he was a member of La Cosa Nostra, an Italian mob, and in March 2012 he was inducted into CKT as a “Consultant,” the complaint alleges. It says that Jackson — a former San Francisco school board member and political consultant who has worked for Lennar Urban and Singer Associates — had also be inducted into CKT as a “Consultant,” participating in various criminal conspiracies.

The complaint says Jackson “has a long-time relationship with Senator Yee,” and “has been involved in raising funds for” Yee’s run for mayor “and for Senator Yee’s current campaign in the California Secretary of State election.” And much of the complaint details deeds allegedly committed by Jackson and Yee.

In fact, the second person named in the complaint, right after Chow, is Yee, “aka California State Senator Leland Yee, aka Uncle Leland.”

“Senator Yee and Keith Jackson were involved in a scheme to defraud the citizens of California of their rights to honest services, and Senator Yee, [Daly City resident Dr. Wilson] Lim, and Keith Jackson were involved in a conspiracy to traffic firearms,” the complaint alleges.

Yee and Jackson met UCE 4599 through Chow, and then Jackson allegedly solicited him to make donations to Yee’s 2011 San Francisco mayoral campaign “in excess of the $500 individual donation limit. UCE 4599 declined to make any donations to Senator Yee, but introduced Keith Jackson and Senator Yee to a purported business associate, UCE 4773, another undercover FBI agent,” who made a $5,000 donation to Yee’s mayoral campaign.

Yee had $70,000 in debt after that mayor’s race and worked with Jackson on ways to pay off that debt. “This included soliciting UCE 4773 for additional donations and in the course of doing so, Senator Yee and Keith Jackson agreed that Senator Yee would perform certain official acts in exchange for donations from UCE 4773.”

Yee allegedly agreed to “make a telephone call to a manager with the California Department of Public Health in support of a contract under consideration with UCE 4773’s purported client, and would provide an official letter of support for the client, in exchange for a $10,000 donation. Senator Yee made the call on October 18, 2012 and provided the letter on or about January 13, 2013,” and Jackson allegedly took the cash donation from the agent.

Meanwhile, it says Jackson and Yee continued raising money for his Secretary of State race by soliciting donations from UCE 4599 and UCE 4180, another undercover agent. “They agreed that in exchange for donations from UCE 4599 and UCE 4180, Senator Yee would perform certain officials acts requested by UCE 4599 and UCE 4180.”

That included Yee issuing an “official state Senate proclamation honoring the CKT in exchange for a $6,800 campaign donation, the maximum individual donation allowed by law.” Yee allegedly did so, and it was presented by one of his staff members at the CKT anniversary celebration on March 29, 2013.

Yee and Jackson are also accused of introducing a donor to state legislators working on pending medical marijuana legislation, the donor being another undercover agent who claimed to be a medical marijuana businessman from Arizona looking to expand into California, “and in payment for that introduction, UCE 4180 delivered $11,000 cash to Senator Yee and Keith Jackson on June 22, 2013.”

In September, after making another introduction, Yee and Jackson allegedly received another $10,000 cash donation for their services.

In August of last year, in an effort to raise more money, “Jackson told UCE 4599 that Senator Yee, had a contact who deals in arms trafficking.” Jackson then allegedly requested UCE 4599 make another donation “to facilitate a meeting with the arms dealer with the intent of UCE 4599 to purportedly purchase a large number of weapons to be imported through the Port of Newark, New Jersey…Senator Yee discussed certain details of the specific types of weapons UCE 4599 was interested in buying and importing.”

The complaint, a declaration by FBI Agent Emmanuel Pascua, does indicate that both Chow and Yee sometimes tried to declare their legitimacy to the FBI agents.

“It should be noted that throughout this investigation, Chow has made several exculpatory statements about how he strives to become legitimate and no longer participates in criminal activity,” it says.

For example, Chow has been working on book and movie deals about his life, and he would regularly make statements attempting to distance himself from CKT’s alleged criminal activities, as well as building connections in the political world. Chow posed for photos with then-Mayor Gavin Newsom and other local political figures.  

“Chow has also been portrayed in many Chinese newspapers as being involved in community affairs and has been photographed posing with local politicians and other community leaders. For example, in August of 2006, Chow was photographed hold a Certificate of Honor from the San Francisco Board of Supervisors for community service of the CKT,” it reads.

But the complaint also said that Chow continued to make incriminating statements to the undercover agents “confirming his knowledge of and involvement in criminal activity.”

The complaint says that Yee also made many exculpatory statements and expressed discomfort with how openly UCE 4180 discussed overt “pay to play” links between cash donations and official actions.

“Despite complaining about UCE 4180’s tendency to speak frankly and tie payment to performance, and threatening to cut off contact with UCE 4180, Senator Yee and Keith Jackson continued to deal with UCE 4180 and never walked away from quid pro quo requests make by UCE 4180. In fact, Senator Yee provided the introductions sought by UCE 4180 and accepted cash payments which UCE 4180 expressly tied to the making of the introductions.”

Yee’s attorney, Paul DeMeester, told reporters they will contest the charges: “We will always in every case enter not guilty pleas, then the case takes on a life of its own.”

Officials in San Francisco and Sacramento are still reeling from the allegations. “I think the whole city is in shock at the moment,” Board of Supervisors President David Chiu, who represents Chinatown and ran against Yee in the 2011 mayor’s race, told us. “Today’s widespread law enforcement actions are incredibly disturbing. The detail and scale of the criminal activities are shocking.”

California Senate President Darrell Steinberg told reporters today that he has asked for Yee’s resignation and that he plans to introduce a resolution Friday to suspend Yee and two other Democrats chargeed with political corruption, Rod Wright and Ron Calderon.

Sen. Mark Leno (D-SF), who took part in that briefing, told the Guardian, “I’m frustrated and angered on behalf of my constituents that my Senate colleagues and I are there each day to create positive changes and all of these situations are distracting…It reflects badly on a great institution.”

Guardian reporter Joe Rodriguez Fitzgerald, who contributed to this report, has been covering this case from the federal courthouse today, and we’ll have more on this unfolding story in the coming days and the next issue of the Guardian. 

Yee had a reputation for political corruption even before the federal indictment

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Long before Sen. Leland Yee’s surprise arrest and arraignment on federal corruption charges today, Yee already had a reputation for, at best, political pandering and influence peddling; or at worst, corruption, a label for Yee long used in private conversations among figures in the local political establishment.

It was usually assumed to be the kind of low-level, quasi-legal corruption that is endemic to the political system: voting against one’s values and constituent interests in order to curry favor and financial contributions from wealthy special interests. In Yee’s case, his recent voting record seems to indicate that he was cultivating support from landlords and the pharmaceutical, banking, oil, and chemical industries for his current campaign for the Secretary of State’s Office.

But today’s indictment — which is expected to be released at any minute, and which we’ll detail in a separate post — seems to go much further, the culmination of a four-year FBI investigation tying Yee to notorious Chinatown gangster Raymond “Shrimp Boy” Chow, who was also arrested today. They and 24 others arrested in the case today are now being arraigned in federal court.  

The Bay Guardian has covered Yee throughout his 26-year political career, and we wrote a comprehensive profile of this controversial figure when he ran for mayor in 2011. More recently, in September, we wrote about some of his suspicious votes and refusal to offer credible explanations for them to activists he’s worked with before.

After that article, confidential sources contacted us urging us to investigate a series of strange votes Yee had cast in the last year, and we’ve been holding off on publishing that until Yee would sit down to talk to us about them. But each time we scheduled an interview with him, starting in November, he would cancel them at the last minute.

Maybe he was aware of the federal criminal investigation, or perhaps he had just decided that he not longer needed to cooperate with the Guardian as he sought statewide office, but he became increasingly hostile to our inquiries. Last month, when Yee saw San Francisco Media Co. (which owns the Guardian) CEO Todd Vogt having dinner with Board of Supervisors President David Chiu in a local restaurant, Vogt said Yee angrily accused the Guardian of being motivated by an anti-Asian bias in our inquiries and criticism, an incident that Vogt described to us as bizarre.

Guardian calls to staffers in Yee’s office, today and in recent weeks, haven’t been returned.

Yee has been a champion of sunshine (last week, the Society of Professional Journalists NorCal gave him a James Madison Freedom of Information Award for defending the California Public Records Act) and gun control, last year getting three such bills signed into law. SB 755 expands the list of crimes that would disqualify and individual from owning a gun, SB 374 prohibited semiautomatic rifles with detachable magazines, and SB 53 made background checks a requisite step in purchasing ammunition.

But he’s disappointed liberal and progressive constituencies — renters, environmentalists, seniors, students, the LGBT community — in San Francisco and beyond with most of his other votes, some of which ended up killing important legislation.

Yee voted against SB 405, which would have extended San Francisco’s plastic bag ban statewide. He also said no to regulating gasoline price manipulation by voting against SB 441, siding with the Big Oil over his constituents. And then he sided with Big Pharma in voting against SB 809, which would have taxed prescription drugs to help fund a state program designed to reduce their abuse, partially by creating a database to track prescriptions.

In addition to the Pharma-loving, ocean-shunning, oil-chugging votes Yee has cast, he has also turned a cold shoulder towards the elderly (by voting against SB 205, a bill that would make prescription font larger or, as the elderly would like to say, “readable”), the LGBTQ community (by voting against SB 761, which protects employees that use Paid Family Leave), students (by abstaining from a vote on AB 233, which would allow debt collectors to garnish the wages of college students with outstanding student loans), and tenants (by voting against the SB 510, the Mobile Home Park Conversion bill, and SB 603, which protects tenants from greedy landlords).

This year, as San Francisco’s other legislative representatives — Sen. Mark Leno and Assemblymembers Tom Ammiano and Phil Ting — announced efforts to reform the Ellis Act to address the escalating eviction epidemic in San Francisco, Yee has pointedly refused to support or even take a position on the effort.

In 2013, Yee sided with the Republican Party nine times on key votes, earning the scorn of many of his Democratic Party colleagues. Yee even voted for SCR 59, which would have created highway signs honored former Sen. Pete Knight, the late conservative Republican who authored Prop. 22 in 2000, strengthening California’s stand against same-sex marriage at the time.

Since we ran our “The real Leland Yee” article on Aug. 30, 2011, Yee has voted on 88 “key” pieces of legislation, according to the non-partisan, non-profit educational organization Project Vote Smart, and his final recorded vote has been “Yea” 80 times. He has abstained from voting six times, and has voted “Nay” just twice.

One of those votes came in response to a bill that was deemed “unnecessary” by Gov. Jerry Brown, but the other bill, SB 376, would have prohibited the harvesting and sale of shark fins in California.

In 2013, his voting record more closely aligns with Sen. Mark Wyland, a Republican from Carlsbad, than it does with any other Democrat on the Senate, finishing just ahead of Sen. Ron Calderon, the Southern California Democrat who was also indicted by the federal government on corruption charges last month after allegedly accepting bribes from an undercover FBI agent.

Throughout his legislative career, Yee has regularly supported Pacific Gas & Electric’s stranglehold on San Francisco’s energy market and benefitted from the company’s corrupting largesse. None of this may have crossed the line into actual criminal conduct — but for those familiar with Yee and his transactional approach to politics and governance, today’s indictment isn’t a huge surprise. 

Mayor Lee supports PG&E’s monopoly

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After watching Mayor Ed Lee and his appointees subvert the launch of CleanPowerSF and support PG&E’s illegal monopoly control of local energy users — and PG&E’s regular attempts to greenwash its dirty power portfolio — artist Michael Ortlieb developed and submitted this editorial cartoon. Enjoy. 

Challenge Mayor Lee and his lies

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EDITORIAL In the long history of San Francisco political corruption caused by Pacific Gas & Electric’s willingness to do and spend whatever it takes to hold onto the energy monopoly that it illegally obtained generations ago, in violation of the federal Raker Act, there have been countless ugly and shameful episodes, many of them chronicled in the pages of the Bay Guardian.

Mayor Ed Lee’s misleading Sept. 10 testimony to the Board of Supervisors, where he deliberately distorted CleanPowerSF and defended the dubious actions of his appointees to kill the program, ranks right up there with some of the worst episodes (see “Power struggle,” page 12). If there were any doubts about Lee’s lack of political integrity and independence, about his unwillingness stand up to his corporate benefactors on the behalf of the people he was elected to serve, this appalling performance should settle them.

It was bad enough when PG&E used money from San Francisco ratepayers to bury public power advocates under an avalanche of lies, fear-mongering, and the testimony of paid political allies every election when its monopoly was being challenged, making it virtually impossible to have an honest conversation about the city’s energy and environmental needs.

But now that advocates for consumer choice and renewable energy have spent more than a decade developing a program that doesn’t require a popular vote, is competitive with PG&E’s rates, would create city-owned green energy projects serving residents for generations to come, and which was approved by a veto-proof majority on the Board of Supervisors, Mayor Lee has stooped to new lows in a desperate and transparent ploy to stop it.

Once again, as he did during his rash decision to remove Sheriff Ross Mirkarimi from office before even investigating his most serious official misconduct allegations, Mayor Lee has blithely created what Sen. Mark Leno calls a “Charter crisis.” Then, it was over the question of when one elected official should remove another; now, it is whether a trio of mayoral appointees can usurp the authority of the elected Board of Supervisors, the top policymaking body under the City Charter.

Relying on tortured logic and Clinton-esque legalese backflips doesn’t justify the SFPUC commissioners refusal to do their jobs — and it would be deemed official misconduct by a less corrupt mayor. But this mayor sees his job as simply carrying water for the people who put him there, whether that be Willie Brown and his longtime client PG&E, or venture capital Ron Conway and the companies that Lee is heaping with unprecedented tax breaks (see “Corporate welfare boom,” page 14). Please, isn’t there someone out there willing to challenge this corruption and run for mayor? This city, and the future generations living in the warming world we’re creating, deserve better.

Protect local power and control

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EDITORIAL There’s a growing stench of political corruption — or, at the very least, hidden agendas aimed at subverting popular will in favor of entrenched corporate interests — emanating from the Mayor’s Office these days. And it’s undermining projects and institutions that are vital to the future of San Francisco.

In the last week, a pair of important developments illuminated the shady way business gets done in San Francisco. The first instance concerned City College of San Francisco, which had its accreditation rashly revoked last month, prompting Mayor Ed Lee to enthusiastically support the disbanding of the locally elected Board of Trustees and the takeover of City College by state-appointed outsiders bent on shutting down community-based facilities and classes.

While Lee and the San Francisco Chronicle have been cheerleading this loss of local control and the corporatist agenda behind it — CCSF was criticized for resisting the narrowing of its mission to focus on job training and college prep — we at the Guardian have questioned this process and the motives behind it.

In a cover story (“Who killed City College?” July 9), editorial (“Why democracy matters,” July 23), and other coverage, we’ve highlighted how the attack on CCSF is part of national movement to focus schools on job training rather than broad-based education, and questioned the haste with which CCSF’s local leadership was usurped.

Critics mocked these concerns, as they did those of the California Federation of Teachers, which formally challenged the actions by the Accrediting Commission of Community and Junior Colleges, with Lee and others saying that we need to just accept the death threats against CCSF and do whatever these outsiders are asking.

So on Aug. 13, when the US Department of Education sustained the CFT appeal and found the ACCJC in violation of federal regulations and its own internal standards in its approach to City College, it validated our concerns and called into question Lee’s hair-trigger abandonment of City College’s local leaders.

Frankly, we’re puzzled by Lee’s approach to City College — from his appointment of right-wing ideologue Rodrigo Santos as a trustee last year (who subsequently got trounced in the election) to his resistance to helping the college before the state takeover — but we suspect it’s connected to Lee’s focus on “jobs, jobs, jobs” to the exclusion of other issues and values.

But Lee only counts private sector jobs, not those created to serve the public interest like the thousands of jobs that would be created by CleanPowerSF, a program that Lee opposes and that his appointees to the SF Public Utilities Commission are actively subverting.

As we report in this issue, CleanPowerSF is a renewable energy program approved last year by a veto-proof majority on the Board of Supervisors, but it’s being blocked by the SFPUC’s refusal to approve the rates and sign the contracts, with commissioners raising concerns that go well beyond their purview at this point.

It’s time for Mayor Lee to start serving the people of San Francisco instead of the corporate titans and political benefactors who elevated this loyal career bureaucrat into the big chair in Room 200.

 

‘Money is a tool’

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Jack Abramoff says “legalized bribery” is corrupting our political system, and as a lobbyist who went to prison for taking the practice of buying favors from Congress to obscene new depths, he should know. But if we’re relying on him to help reform that system, a cause he’s now taken up, we could be in real trouble.

Watching Abramoff address “public ethics” at a University of San Francisco class of aspiring political professionals on June 6 was a little surreal. Part charming rogue, part penitent reformer, Abramoff told inside tales of how easily money corrupts even well-intended people who work in Congress.

“I didn’t create a new way of lobbying, I just did more of it,” Abramoff told the students, noting that while some lobbyists had a few good tickets to Washington Redskins or Wizards games to give away to members of Congress, he had 72 of them. And while some lobbyists would take members golfing, “I would put them on a Gulfstream and fly them to Scotland. What’s the difference? It’s still playing golf.”

It was particularly strange for someone of Abramoff’s obviously questionable moral fiber to be addressing political students at this Jesuit-run academic institution, whose local advertising slogans include “How to succeed in business and still go to heaven” and “Wicked smart without the wicked part.”

Yet forgiveness is supposed to be divine, and the instructor who lured Abramoff to speak with his class, local lobbyist and political consultant Alex Clemens, was certainly pleased to attract someone with Abramoff’s inside knowledge, avoiding Abramoff’s usual speaking fees of up to $20,000 by piggybacking on a Southern California speech he gave and paying only his airfare.

I was a bit more skeptical of a guy who equates political donations with bribery while hawking a book and narrow reform proposal — while at the same time soliciting corporate lobbying clients and telling the San Francisco Chronicle that Silicon Valley should be spending far more money to influence politicians.

“It needs a much bigger view of political involvement,” Abramoff told the Chron. “It should be spending much more. They’re not playing as smart as they should, and they could lose big.”

That’s part of the muddle of contradictions that defines Abramoff and his advocacy today, which is consistent with the anti-government, wealth-worshipping conservatism he has pushed with missionary zeal since his college days, along with pals Ralph Reed and Grover Norquist, who still play key roles in keeping religious fundamentalists and the rich in the Republican Party fold.

“I’m not against money in the system, I’m against money being used the wrong way in the system,” Abramoff told me after the talk, as I probed the contradictions in his statements and views. My efforts to pin him down caused him to scornfully brand me a “socialist,” the old bully replacing the affable face he showed the students.

“Money is a tool,” Abramoff told me.

Abramoff is also a tool, I decided as I listened to him, although it’s still tough to discern who is wielding him now and where this effort may be headed.

LESSON FOR STUDENTS

Abramoff told the students that even after he got busted in 2005, for a long time he indignantly wondered why he was being prosecuted for the same sorts of actions that were endemic to Washington DC. Eventually, he began to realize he had done something wrong.

“I thought maybe some of this [the charges against him] is right,” he said. “I decided to be honest with myself. Am I the saint I always thought I’d been, or the devil they said I was?”

Yet in the end, Abramoff never did really rethink his own worldview and history — from his early days of shilling for the South African government against efforts to end apartheid to later bribing members of Congress to oppose regulation of sweatshops and sex trafficking in US territories — he just blamed the political system.

“I thought this system is maybe not right,” he told students studying to be a part of that system. “I thought when I got out, I should probably try to help.”

So he wrote a book, Capitol Punishment: The Hard Truth About Corruption From America’s Most Notorious Lobbyist, and he says that he’s been developing political reform legislation that he intends to start pushing next year along with unnamed others.

Abramoff has consulted with Harvard Law School professor Lawrence Lessig, who founded Rootstrikers to push political reforms, but Abramoff doesn’t support many of the central tenets of that and other reform groups, including public financing of elections and overturning “corporate personhood” court rulings that deem political spending by the rich to be a free speech right.

In fact, Abramoff is still a right-winger who shows little interest in limiting the ability of wealthy corporations and individuals to freely spend their money on political candidates and issues, placing him at odds with pretty much the entire political reform movement.

Phillip Ung, a spokesperson for Common Cause — which has been working on these political reform efforts for decades — was a little skeptical about getting help from someone who once embodied the most corrupt and excessive aspects of the current system.

“As much as we enjoy his newfound support for political reform, we also understand that he has a debt to pay, and not just to society,” Ung said of the $44 million in restitution that Abramoff still owes to his victims.

Ung said that a stark example of political corruption like Abramoff represents does help the cause, but that has little to do with his current advocacy. “The reform flag at the federal level goes almost nowhere if there’s not a political scandal,” Ung said, although even that isn’t saying much because, “Congress and DC only have tolerance for political reform one every 10 years or so.”

With Democrats now overwhelmingly controlling California’s Legislature and executive offices, Ung sees opportunities for important reforms here. The most promising is Senate Bill 27, which would require political groups that raise more than $500,000 to disclose their donors.

By contrast, Abramoff’s proposal seems tepid at best, and his strategy for selling it relies on using political spending to elect sympathetic people to Congress, which would seem to undermine his reform message almost as much as pitches to corporate clients to hire him for lobbying consulting services (see www.abramoff.com).

“He seems to be going back to his old ways,” Ung said of Abramoff.

Abramoff said his legislation would broaden the definition of lobbyist, limit their campaign contributions to $500 per election cycle, and prevent public officials from working as lobbyists for 10 years after they leave government.

Then Abramoff said that he and his unspecified “we” will dump money into six contested Congressional races in 2014, trying to elect three Democrats and three Republicans who pledge to support his legislation, following that up in 2016 by targeting 25 to 50 races.

“Then and only then will Congress take it seriously,” Abramoff concluded, arguing that politicians respond to losing their jobs more than other means of persuasion. He’s going to use aggressive political spending to win the reforms he seeks, which don’t really do anything to limit political spending.

When I asked Abramoff how increased political spending can reform a political system corrupted by money, he replied, “You play with the tools and the battlefield you’re on.”

THE SYSTEM, OR ITS SPONSORS?

Abramoff blames Congress for corruption far more than the lobbyists or wealthy special interests who are doing the corrupting, noting how difficult it is to get political reforms approved by legislators who want to later cash in on their public service.

“The lobbyists are a response to the system set up by Congress,” he told the students, building on his earlier point that “99 percent of everything I did was legal, and that’s a bigger deal than the 1 percent that was illegal. That’s what has to change.”

But he acknowledges that reforming the system will be “impossibly difficult” because those who are invested in the current system will always find loopholes to any new regulation. “They’re extremely brilliant people and their goal is to get around things,” he said.

Omitted from Abramoff’s recitation of what’s wrong in Washington are the people doing the corrupting, that other 1 percent, the very rich. When I asked him about how he can really attack institutionalized political corruption without going after the cash that feeds that corruption, he told me, “I tend to be nervous about a political approach that says, ‘It’s the rich.”

Abramoff actually supports the Supreme Court’s controversial Citizens United ruling, which ended controls on the political spending of wealthy individuals and corporations, telling the students, “We all want certain corporations to have the rights that we individuals have.”

Abramoff also seems to dismiss the possibility of a grassroots political reform effort, saying that any change in the system would need support from both the left and the right, and the latter will kill any effort to actually removes private money from political campaigns.

“You’re not going to have federal financing of elections. The right will die before they let that happen,” Abramoff said.

That might have been the most insightful thing that Abramoff said to the students, although he certainly didn’t intend it the way that I heard it: maybe the right needs to die, in the political sense, before the system that Abramoff both decries and supports will change.

Mayor Lee’s trip to China raises questions of ethics and influence

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[UPDATED(x3)] Mayor Ed Lee barely had time to unpack from his recent political junket to Paris before he was off on his current trip to China – both of which were paid for and accompanied by some of his top political supporters and among the city’s most influential power brokers. No wonder Lee doesn’t have time to weigh in on Airbnb’s tax dodge, the condo conversion stalemate, or other important city issues.

Local good government advocate Charles Marsteller learned of the current China trip from Willie Brown’s column in Sunday’s San Francisco Chronicle, whose editors (including Editor Ward Bushee, who we’re still waiting to hear back from about this trip) consider it a “man about town” column immune from conflict-of-interest policies that normally require journalists to disclose who is paying them on the side.

“I’m here with Mayor Ed Lee for my seventh official visit,” Brown cheerfully wrote, although readers were left to wonder just what official business Brown might be conducting with our mayor and his entourage. So, being an expert on political disclosure laws, Marsteller went down to the Ethics Commission to pull the Form SFEC-3.216(d) that state law requires elected officials to file before leaving on trips paid for by outside interests.

But it wasn’t there, so Marsteller filed an official complaint with the commission, telling us, “I did so to impress upon our Elected and other City Officials the need to properly report gifts in a timely way and in the manner as called for by State law and on the forms provided by the SF Ethics Commission.” 

When we contacted mayoral Press Secretary Christine Falvey, she forwarded us a copy of the form that should have been filed before the trip and told us, “I’m not going to answer the question about why we failed to file the appropriate forms with the Ethics Commission, as we worked closely with the City Attorney’s office to exceed reporting requirements by all appropriate deadlines.” [UPDATE: The time stamp on the form indicated it was filed on May 25, before the trip, even though it wasn’t publicly available at the Ethics Commission office when Marsteller went down to look for it].

The form indicates that Lee’s portion of the trip was paid for by the San Francisco Chinese Chamber of Commerce, whose influential leader Rose Pak conspired with Brown to get Lee appointed mayor more than two years ago. This is also the same Rose Pak who was admonished by the state’s Fair Political Practices Commission for illegally funding another political junket to China in 2009 with Sups. David Chiu and Eric Mar and then-Sup. Carmen Chu, who Lee appointed as Assessor earlier this year.

Those officials were forced to repay the expenses after the FPPC found that Pak, that time acting under the auspices of the Chinese New Year Festival Committee, was not allowed to make gifts exceeding $420 per official that year. “Please be advised that since the Chinese New Year Festival Committee is not an organization that falls under Section 501(c)(3) of the Internal Revenue Code, no public official may accept gifts of any type from this organization valued in excess of the applicable limit,” FPPC counsel Zachary Norton wrote in an Aug. 22, 2011 enforcement letter to Pak.

In other words, because this committee and “other 501(c)(6) chamber of commerce organization[s]” are in the business of actively lobbying top elected officials for favorable policies, rulings, and projects, they are barred by ethics law from giving them the gifts of big overseas political junkets. As Marsteller noted in his complaint letter, violations are punishable by fines of $5,000 per violation, or if they are “willful violations of the law” – which doing the same thing you were sanctioned for just two years ago certainly might be considered – the criminal penalties are $10,000 per violation or up to a year in jail.

Mayor Lee’s portion of the trip cost the Chamber $11,970, according to the form. But this time, to get around the FPPC restrictions, Pak seems to have passed the hat among various business elites to fund the trip. The mayor’s form shows that 41 people paid up to the current gift limit of $440 “to defray the cost of the mayor’s trip.”

They include Pak, Brown, four people from Kwan Wo Construction, three from American Pacific International Capital, two each from Boyett Construction, Young Electric, and Bel Builders, Harbor View Holdings Director Gorretti Lo Lui, and SF Immigration Rights Commissioner Sonya Molodetskaya – most of whom were also part of the trip’s 43-member delegation.

Among others who tagged along for the trip are Public Works Director Mohammed Nuru (who has a history of political corruption under Mayors Brown and Newsom and no clear business being on a Chinese trade delegation, but who doesn’t love a free trip?!), Kofi Bonner from Lennar Home Builders, Harlan Kelly with the SFPUC, Jay Xu with the Asian Art Museum, the wives of Lee and Bonner, Kandace Bender with San Francisco International Airport, and Mark Chandler with the Mayor’s Office of International Trade and Commerce.

It’s not clear who paid for those other public officials or even what they were doing there. [UPDATE: Department of Public Works spokesperson Rachel Gordon told us that Nuru paid for the trip himself, but that he’ll be studying China’s instrastructure, from its separated bikesways to greening of public rights-of-way, as well as meeting with Chinese businesses involved in the redevelopment of Hunter’s Point. “He’s been looking at a lot of the infrastructure in China,” Gordon said. “I expect a dozen if not more ideas when he returns.”] Then again, it also wasn’t clear why venture capitalist Ron Conway – Lee’s top campaign fundraiser and possible reason for publicly subsidizing big tech companies, including many that Conway funds – joined and helped sponsor Lee’s recent trip to Paris. This is just how business gets done in San Francisco.

“Willie Brown is the former Mayor of San Francisco,” Falvey told us when we asked why Brown was on the trip and what its purpose was. “The purpose of the trip is to promote San Francisco, its local manufacturing, cultural exchanges, he is signing an MOU and meeting with high level, new Chinese government officials.”

[UPDATE 4/5: Marsteller has withdrawn his complaint from the Ethics Commission alleging the mayor’s form wasn’t filed on time, but he and another citizen have filed separate complaints with the FPPC alleging the trip and its funding mechanism may violate the agency’s 2011 ruling against Pak.]

Political corruption is “trumped up?”

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The truly shocking aspect of the latest fallout from the City College scandal is the response of incumbent Trustee Natalie Berg, who is up for re-election.

Bad enough that Berg allowed Stephen Herman, who was directly involved in the scandal and pled guilty to two felonies, to hold a fundraiser for her. But his offenses were reduced to misdemeanors, he’s paid his fine — and Berg has every right to say that he’s learned his lesson and deserves a chance to continue in the political world.

That’s not what she’s saying, though:

Berg, first elected to the college’s board in 1996, saw nothing wrong with having Herman host the fundraiser, calling him, “completely honest and honorable.” Of the criminal charges, she said: “The whole thing was trumped up. Nobody benefited from that, and it ruined people’s careers.”

Trumped up? Seriously?

Nobody has thus far disputed the basic evidence: Former Chancellor Phil Day and Herman diverted tens of thousands of dollars in public money into political campaigns. They never denied doing it. The documents showing what happened were completely clear. And just about everyone with any sense of law or ethics agrees it was a serious problem.

Nobody benefited? How about the taxpayers and the students, who have the right to honest oversight of their money?

Wow. I knew Berg was a bad trustee, but this is over the top.

 

 

Hate (and free) speech

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How far can you push free speech? Is it okay for Muni to run ads that are utterly, inexcusably offensive to Arabs and Muslims in the name of political expression?

I’m pretty much always on the side of the First Amendment. And we were furious when a Bay Guardian ad campaign accusing then-mayor WIllie Brown of political corruption suddenly vanished from the sides of the local buses. It’s hard to seek government limitations on any political statement. But if the ads that appeared Aug. 7 on Muni aren’t over the line, they’re pretty close to it.

Here you have an organization described not only by the Southern Poverty Law Center but by the Anti-Defamation League as a hate group buying space on San Francisco buses for ads that effectively disparage a vast religious, ethnic and cultural community as “savages.” The campaign is obviously designed to get publicity; not that many San Franciscans are going to be convinced to join the American Freedom Defense Initiative. Nobody’s opinion on the Middle East will be swayed by this shit.

But this tiny cadre of loonies, led by Pamela Geller, who is really fucking scary, wants attention. In New York, the anti-Muslim group sued when the city tried to take down the same bus ads, and you know they’d love it if that happened here. Muni says it can’t legally pull the ads, which is probably true — although BART has a more restrictive policy.

It’s not just idle rhetoric — this stuff frightens people. “We’re hearing from people that they’re uncomfortable riding Muni,” Zahra Biloo, executive director of the Bay Area office of the Council on American-Islamic Relations, told me.

Obviously, you can’t run ads that enourage someone to engage in violence. Is dehumanizing people and calling them “savages” the same thing? Biloo thinks it’s pretty close: “It’s important for progressive cities to say, ‘not in our city,'” she said.

A change.org petition condemning the ads has more than 2,000 signatures.

On the other hand, I don’t want to give Geller the pleasure of suing San Francisco and making this into a Free Speech cause. Because that’s exactly what she wants, and probably the reason she bought the ads in the first place. So how about this: The supervisors pass a resolution denouncing the ad and the message, and Muni agrees to give CAIR the same number of ads, free, in the same locations (gee, maybe even on the other side of the same buses) to present an alternative message.

At least it’s a start.

 

Perjury allegations against Lee gain more support

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San Francisco Democratic Party Chair Aaron Peskin has confirmed his role in extending a city job offer from Mayor Ed Lee to Sheriff Ross Mirkarimi if Mirkarimi had been willing to resign in March, bolstering allegations that Lee may have committed perjury when testifying under oath before the Ethics Commission on Friday.

But even as more media outlets report the possible perjury (a story we broke first here), which is further complicating the already complicated official misconduct proceedings that Lee brought against Mirkarimi, the Mayor’s Office and key Lee allies have refused to comment on the perjury allegations or the strange circumstances surrounding the alleged bomb threat that temporarily got Lee off the hot seat.

As we reported in this week’s Guardian, Building Inspection Commissioner Debra Walker said Lee was lying when he said that he hadn’t spoken with any members of the Board of Supervisors before charging Mirkarimi with official misconduct. Walker said Sup. Christina Olague told her she had spoken with Lee about the matter, which Olague now denies.

Lee also responded “absolutely not” when asked by Mirkarimi attorney Shephard Kopp whether he authorized Peskin or development consultant Walter Wong, a close Lee ally, “to convey to Sheriff Mirkarimi if he would stop down, you’d get him another job.”

At press time for this week’s article, Peskin was backpacking in the Sierras and couldn’t be reached, but he has now confirmed to the Guardian that he met with Wong at 11:30am on March 19 – just hours before Lee met with Mirkarimi to say he would be removed from office unless he resigned – at Cafe Trieste.

In that meeting, Peskin said Wong asked him to convey to Mirkarimi an offer from the mayor of a job with the San Francisco Public Utilities Commission or the Airport Commission if Mirkarimi would voluntarily resign. Asked whether Wong indicated that he had discussed the offer with the mayor, Peskin told us, “He certainly left me with that impression.”

Mirkarimi refused to accept the offer, insisting on fighting to keep his job, which was one factor in Peskin’s subsequent public statement calling for Mirkarimi to resign. “There were a lot of things that factored into that,” Peskin said of his call for Mirkarimi to step down, although he wouldn’t discuss other factors on the record.

Efforts by both the Guardian and the Examiner to reach Wong have been unsuccessful, and messages to the Mayor’s Press Office on this and related issues also haven’t been answered. But just as Walker has offered to do, Peskin said he’s willing to testify under oath if asked.

“I am prepared, if subpoenaed, to tell the truth, the whole truth, and nothing but the truth,” Peskin told us.

Lee hasn’t had any public events or made any public comments on the matter since the scandal broke on Friday. The other unanswered mystery is why Lee was whisked from the hearing room just 15 minutes into his testimony, shortly after making the statements that Walker alleges amounted to perjury.

As we reported, neither the SFPD nor the Sheriff’s Department ordered the room evacuated, meaning that decision must have been made by someone within the Mayor’s Office. Press Secretary Christine Falvey’s last statement to the Guardian, on July 2, said, “Again, the mayor’s office did not recess the meeting. I still have to refer you to the Police Department which maintains Mayor Lee’s security or the Ethics Commission about the decision to recess the meeting for (I believe) about 90 minutes.”

Yet neither body seems to know who made the call, and follow-up questions asking the Mayor’s Office to disclose any information they have about that decision have gone unanswered. District Attorney George Gascon — whose office would need to pursue the perjury allegations considering the city’s official misconduct rules don’t apply to the mayor — also didn’t return our call asking generally how allegations of this fashion should be handled.

The official misconduct proceeding continue in front of the Ethics Commission on July 18 and 19 when Mirkarimi’s wife, Eliana Lopez, is scheduled to testify. But that has also been complicated by the Mayor’s Office’s refusal to authorize payment for a plane ticket for Lopez to return from her native Venezuela to testify. Mirkarimi and his legal team say they can’t afford to pay for that plane ticket after Lee suspended Mirkarimi without pay.

Only real change can avert more conflict

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This week’s May Day events brought together immigrant groups, labor unions, and activists with the Occupy movement to confront gross inequities in our economic and political systems. That’s a healthy democratic exercise, even if it sometimes provokes tense standoffs with police and property interests. But the day was marred by violence that didn’t need to happen, and that’s a dangerous situation that could only get worse.

The Oakland Police Department debuted new crowd control policies to manage marches of several thousand people, and there were some improvements over its previous “military-type responses” that have placed the OPD under the oversight of federal courts. For example, when the decision was made to clear Frank Ogawa Plaza around 8:30 p.m., police allowed escape routes (instead of using dangerous kettle-and-arrest tactics), clearly visible public information officers were available to answer questions, and people were allowed to return shortly thereafter.

“We’re not attempting to permanently clear the plaza, we just want things to settle down,” OPD spokesperson Robyn Clark told me at the scene.

But the OPD continues to provoke conflicts and mistrust with its confrontational tactics, even as it argues that such tactics are actually intended to improve its approach to handling large demonstrations. “Today’s strategy focused on swiftly addressing any criminal behavior that would damage property or jeopardize public or officer safety. Officers were able to identify specific individuals in the crowd committing unlawful acts and quickly arrest them so the demonstration could continue peacefully,” OPD wrote in press release late Tuesday night.

That sounds nice, but it’s only partially true, and the entire situation is a lot more complicated and volatile than that. Clark and witnesses told me at the scene that the dispersal order came after police charged into a crowd of several hundred, perhaps more than 1,000, to arrest someone with a stay-away order and were met with an angry reaction from the crowd.

What did they expect? The city decided to seek stay-away orders against many Occupy Oakland protesters – a barely constitutional act that only fans divisions between the city and protesters – and then to execute them at a time when elements of both sides were itching for a fight anyway. Perceptions become reality in a scene like that, which can quickly escalate out of control (which is what happened – almost all the property damage in Oakland occurred after the plaza was cleared by police).

“These pigs can’t wait to come in here and bust us up,” speaker Robbie Donohoe told the crowd shortly before the sound permit ended at 8 pm, warning people to leave soon is they didn’t want to assume the risk of a violent confrontation with police.

It wasn’t an unreasonable expectation after watching police decked out in riot gear, loaded down with tear gas canisters, and gathered around an armored vehicle with military-style LRAD sound weapon since mid-afternoon. Donohoe wasn’t advocating violence, but an important revolutionary and constitutional principle: the right to assemble and seek redress of our grievances.

“They didn’t have a permit in Egypt, they didn’t have a permit in Tunisia, and we don’t need a permit here! If you want to stay, you stay!” he said.

Many Americans share that viewpoint, and they’re frustrated that political corruption and economic exploitation have continued unabated since the Occupy Wall Street movement began almost eight months ago. And many young people – particularly the Black Bloc kids who show up with shields and weapons, ready to fight – are prepared to take those frustrations out in aggressive ways, as we saw Monday night during their rampage through the Mission District.

Witnesses and victims of that car- and storefront-smashing spree are understandably frustrated both with the perpetrators and the San Francisco Police Department, whose officers watched it happen and did nothing to stop it or apprehend those who did it. SFPD spokesperson Daryl Fong told us it just happened too quickly, with less than 20 officers on hand to deal with more than 150 vandals.

“Obviously, you have people with hammers, crowbars, and pipes engaged in this kind of act, with the number of officers involved, it was challenging and difficult to control,” he told us.

In both Oakland and San Francisco, the reasons for the escalation of violence were the same: police officer safety. That’s why OPD asserts the right to use overwhelming force against even the slightest provocation, and it’s why the SFPD says they could do nothing even when the Mission Police Station came under attack.

Now, I’m not going to second-guess these decisions by police, even though we should theoretically have more control over their actions than any of us do those of angry Black Bloc kids, although I do think both of these sides are looking for trouble and invested in the paradigm of violent conflict.

Rather, I think it’s time for our elected leaders, from Mayor Ed Lee to President Barack Obama, to stop giving lip service to supporting the goals and ideals of the Occupy movement and start taking concrete actions that will benefit the 99 percent and diffuse some of these tensions. This is dangerous game we’re all planning, and we’re teetering on the edge of real chaos that will be difficult to reel back in once it begins.

“We are not criminals. We are workers, we pay rent, we own homes,” Alicia Stanio, an immigrant and labor organizer for the Pacific Steel Casting Company, told a crowd of thousands that had gathered in San Antonio Park in Oakland, where three marches converged on their way to City Hall, carefully monitored by a phalanx of cops.

She and thousands like her didn’t march or speak or risk violence on May Day just because they like being in the streets. They’re desperate for change, real change, and it’s time that our leaders begin to deliver it before things really get out of hand in this country.

 

Shawn Gaynor contributed to this report.

Cole Hardware pleads guilty in SFPUC scam

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We at the Guardian have long celebrated small businesses as more beneficial to San Francisco than large corporations, which often extract wealth from the community and use it for competitive advantage or political corruption. But a recent criminal case shows that even a beloved local business – in this case, Cole Hardware – can get caught up in shady dealings.

The District Attorney’s Office yesterday announced the settlement of a procurement scam case involving the San Francisco Public Utilities Commission (SFPUC) and employees of Cole Hardware. The company pled guilty to felony charges and has agreed to pay $51,545 in restitution to the SFPUC and $650 in court fines and fees.

“Our city will not tolerate city vendors who steal taxpayers’ money. We are pleased Cole Hardware has accepted responsibility for their role in this multi-level scheme to defraud the SFPUC,” District Attorney George Gascón said in a public statement.

Court records detail a scam that ran from April 2003 to October 2007 in which Cole Hardware and another city vendor worked with former SFPUC manager Donnie Alan Thomas – who pled guilty to his role in the scheme last year – to submit false invoices to the SFPUC for personal purchases.

Cole Hardware has issued a public statement explaining its role in the case and reasons for accepting the guilty plea: “For more than 50 years, Cole Hardware has stood for integrity, excellence and good citizenship in San Francisco. Unfortunately, a few years ago two trusted 20+ year employees submitted misleading invoices to the City, thereby facilitating a fraud by some of the City’s P.U.C. workers. At the time, Cole Hardware’s ownership was not aware of this misconduct. When we learned the details we terminated both employees, fully cooperated with the District Attorney’s investigation, adopted new internal policies to prevent future misconduct and offered to reimburse the City for any losses attributable to our employees. Sadly, after more than two years of huge expenses fighting the charges in court, Cole Hardware has reluctantly accepted a plea bargain. This is purely an economic decision. Cole remains committed to our mission of serving those living and working in San Francisco.”

SFPUC General Manager Ed Harrington noted in his public statement how important it is to take a hard line against this kind of fraud: “Today we have sent a strong message that the City will not tolerate public servants or vendors who attempt to fleece our hardworking taxpayers.”

There are six other co-defendants who have already pled guilty in this case: Donnie Thomas, Jean Quiroz, Centennial Distributors, Inc., John Rauch, Robert Mazariegos, and Vincent Padilla. There are three other co-defendants who have not yet pled guilty and who await their preliminary hearing: Miles Bonner, Tri-Delta Electric, and Elizabeth Bradford.

Guardian editorial: The DA and mayoral corruption

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EDITORIAL The indictments of two executives of an airport shuttle company on charges of laundering campaign money are, in themselves, a rarity and something to celebrate: the district attorney of San Francisco is actually attempting to enforce the laws against political corruption. That’s unusual in this city, and worthy of note.

But at this point, the entire sum total of prosecutions involving the scandal-ridden campaign of Mayor Ed Lee amounts to a pair of cases against people who made what appear to be illegal contributions. As of today, the message that’s being sent is that nobody in the Lee campaign did anything wrong. And that seems a little bit curious.

Lee’s late entry into the race — after he’d promised for months not to run — and his refusal to abide by the rules of public financing forced his supporters to raise a large amount of money very quickly. There were so-called independent expenditure committees collecting donations and running parallel campaigns that, by law, should have been entirely distinct from Lee and his official effort. We’ve always been dubious about the supposed lack of coordination.

Then there were the well-documented instances of irregularities serious enough that every other candidate in the race asked for state and federal monitors to watch the election. Several eyewitnesses told local reporters that they saw volunteers for one of the supposedly independent groups filling out absentee ballots for voters, using a special template that ensured the votes would go for Lee. Some said they saw ballots being collected at a makeshift voting booth. In a video provided by the campaign of State Sen. Leland Yee, it appears that volunteers were both filling out ballots and placing them in bags — both clear violations of law.

Gascon’s announced investigations of all the allegations — but more than three months later, nothing has come of it. His office won’t confirm or deny whether investigations are ongoing or whether any further indictments may be forthcoming. But at the Chinese New Year Parade, Chinatown powerbroker and Lee ally Rose Pak announced that she had heard Gascon was investigating her.

There’s been plenty of time to collect evidence, and Gascon has a responsibility to let the public know, as quickly as possible, what’s happened to the rest of the allegations. If everyone in the Lee campaign is really innocent, and none of the independent groups supporting the mayor did anything wrong, he should say that, and present the evidence.

It doesn’t help Lee, the city, or the integrity of the voting process to have these cases drag out. Gascon needs to conclude them, expeditiously.

Gascon and mayoral corruption

1

EDITORIAL The indictments of two executives of an airport shuttle company on charges of laundering campaign money are, in themselves, a rarity and something to celebrate: the district attorney of San Francisco is actually attempting to enforce the laws against political corruption. That’s unusual in this city, and worthy of note.

But at this point, the entire sum total of prosecutions involving the scandal-ridden campaign of Mayor Ed Lee amounts to a pair of cases against people who made what appear to be illegal contributions. As of today, the message that’s being sent is that nobody in the Lee campaign did anything wrong. And that seems a little bit curious.

Lee’s late entry into the race — after he’d promised for months not to run — and his refusal to abide by the rules of public financing forced his supporters to raise a large amount of money very quickly. There were so-called independent expenditure committees collecting donations and running parallel campaigns that, by law, should have been entirely distinct from Lee and his official effort. We’ve always been dubious about the supposed lack of coordination.

Then there were the well-documented instances of irregularities serious enough that every other candidate in the race asked for state and federal monitors to watch the election. Several eyewitnesses told local reporters that they saw volunteers for one of the supposedly independent groups filling out absentee ballots for voters, using a special template that ensured the votes would go for Lee. Some said they saw ballots being collected at a makeshift voting booth. In a video provided by the campaign of State Sen. Leland Yee, it appears that volunteers were both filling out ballots and placing them in bags — both clear violations of law.

Gascon’s announced investigations of all the allegations — but more than three months later, nothing has come of it. His office won’t confirm or deny whether investigations are ongoing or whether any further indictments may be forthcoming. But at the Chinese New Year Parade, Chinatown powerbroker and Lee ally Rose Pak announced that she had heard Gascon was investigating her.

There’s been plenty of time to collect evidence, and Gascon has a responsibility to let the public know, as quickly as possible, what’s happened to the rest of the allegations. If everyone in the Lee campaign is really innocent, and none of the independent groups supporting the mayor did anything wrong, he should say that, and present the evidence.

It doesn’t help Lee, the city, or the integrity of the voting process to have these cases drag out. Gascon needs to conclude them, expeditiously.

Is SF’s DA investigating Rose Pak?

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Well, Ms. Pak thinks he is. At the Chinese New Year parade, where she wields the mic at the reviewing stand and typically makes nasty comments about local politicians, she was relatively muted this year –– except when D.A. George Gascon rode by. “I read in the blogs that you’re still investigating me,” she shouted. “What the hell did I do? I just elected the first Chinese American mayor. You will find nothing, except that I swear a lot.”

Gascon has for more than four months been investigating irregularities in the Ed Lee campaign, including charges of illegal campaign contributions and voter fraud. Gascon’s office issued a press release Feb. 14 announcing the indictments of Go Lorries and two of its senior employees. The airport shuttle outfit allegedly laundered campaign money by asking its employees each to donate the maxium $500 to Lee’s campaign and then paying them back from company funds. From the release:

The defendants are accused of making an unlawful $11,500 campaign contribution from GO Lorrie’s to the Ed Lee campaign by passing it through GO Lorrie’s drivers and staff. … “Campaign finance and disclosure laws help to ensure fairness and transparency in our elections,” said District Attorney George Gascón, “and my office takes the violation of these laws very seriously.  After a thorough investigation, we have found clear evidence to charge Go Lorrie’s and two of its employees with making illegal campaign contributions.”

Nobody from the Lee campaign has been charged with anything.

So what about the other apparent violations? Is that still under investigation? Is Rose Pak a target? I asked Stephanie Ong Stillman, Gascon’s spokesperson, and she told me that she can’t confirm or deny that there’s any further investigations under way or that any specific individual is under investigation.

So I’m glad to see the Go Lorries indictment, which marks a rare instance of somebody taking campaign laws seriously. But there’s a lot more here, and I hope Gascon doesn’t think that nailing one company that everyone will insist acted on its own with no support from or connection to a pretty darn sleazy campaign will end the controversy.

 

 

The Bonds trial: What a phenomenal waste

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What a phenomenal waste of everyone’s time and money.

After eight years, millions of dollars in taxpayer money, and endless trees killed for newspaper stories, Barry Bonds was just sentenced to spend a month on his Beverly Hills estate.

If I take steroids and lie about it, can I spend a month there, too?

Seriously — other than the publicity the U.S. Attorney’s Office got for prosecuting the Home Run King, what has all of this accomplished? Are any of us safer now that Bonds has been forced to live under house arrest for 30 days and do 250 hours of community service (that he was going to do anyway)?

I’ve always agreed with Dave Zirin on this one:

After all the public money, drama, and hysterics, this is what we’re left with. He was “evasive.” Keep in mind that we live in a country where the US Department of Justice has not pursued one person for the investment banking fraud that cratered the US economy in 2008. Not one indictment has been issued to a single Bush official on charges of ordering torture or lying to provoke an invasion of Iraq. Instead, we get farcical reality television like the US vs. Barry Bonds.

Did Bonds take a “performance enhancing drug?” Again, Zirin:

The cortisone shot into Curt Schilling ankle in the 2005 playoffs was a performance enhancer. The Viagra coursing through Bob Dole’s veins is a performance enhancer. Whatever keeps that smile glued to Laura Bush’s face is a performance enhancer.

Please: There are real crimes happening all the time, from war crimes to political corruption and fraud, things that actually change the lives of human beings for the worse. And the U.S. Department of Justice has proudly used our taxpayer money to send Barry Bonds home for a month.

I’m so proud of our justice system.