Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

Month: January 2017

Why Are They Marching?

Why are They Marching?

I’m standing at the corner of Ninth and Fallon in downtown Oakland.  My phone rings and its Amy, my elderly foster mother in Cincinnati.  “Why are they marching?” she asks.  Another friend reports that her mother asks her in a not-so-nice tone “Did you wear a vagina on your head?”  So, not everybody “got the memo!”

So why did we march, by the millions here and around the world.  The “official” goal of the day was “to stand together in solidarity for the protection of our rights, our safety, our health, and our families — recognizing that our vibrant and diverse communities are the strength of our country.”  That’s the memo I got for the Women’s March in Oakland.  And so, more than 100,000 people had a peaceful march through Oakland.  Yes, we stood and we walked in solidarity.

A Beautiful Sight to See!

It was a beautiful sight – to see my beloved awesome beautiful Oakland community once again on the right side of history.  And the signs said it all.

“Keep those Bad Apples Out of the Cabinet.”

“The Children Are Watching.”  “Resist Fear, Assist Love!”

“You can’t comb over misogyny.”

“I Love Nasty Women!”

“ACA saved my life!”

“We won’t go back to the Dark ages.”

“A woman’s place is in the resistance.”

“Make America Read Again!”

 

“From Class to Crass!”     “Our rights are not up for grabs, neither are we!”

“Black Lives Matter!”  Someone simply said “Ugh!”

 

 

 

 

 

 

 

There was music and drums and tamborines.  We danced, we chanted, we marched.  There was exceedingly warm comaraderie, respect and appreciation for everyone around you.  It felt like love overflowing. And yes, those little pink hats were everywhere, symbols of a woman’s vagina.  When I asked the man standing next to me what they meant and he told me, all I could say was “I knew that.”

Why Does It Matter?

So, the question is why does it matter that millions marched around the world.  We are now in the midst of the Trump “deconstruction” of America.  Executive orders are literally flying out of the White House.  Threats of ridiculous policy initiatives have now become law.  Trump is doing everything he can to divide America.  The “haves” are going to have it their way.  The rest of us will have to figure it out on our own.

What the Women’s March says to each of us is that we are not on our own.  It does not matter if you are Mexican or Muslim, you are not going to be left on your own.  It does not matter if you are homeless or homebound, you are not going to be left on your own.  It does matter if you are a military veteran, you are not going to be left on your own.

It matters whenever you say “NO” to fascism, racism, sexism and tyranny.  Mr. Trump’s pen cannot change our vision for the future of our children and our nation.  His tweets cannot change our commitment to keep Dr. King’s dream for America alive.  While Trump honors the murderous legacy of President Andrew Jackson, let us remember the magnanimous leadership of President Barack Hussein Obama.

The Children Are Watching!

In the week of celebrating Dr. King’s birthday, I kept reading  his “Letter from A Birmingham Jail.”  Dr. King reminds the white clergymen that”injustice anywhere is a threat to justice everywhere.”  He reminds them that “everything Hitler did in Germany was ‘legal’ and everything the Hungarian freedom fighters did in Hungary was ‘illegal.”  He reminds them that “the goal of America is freedom” and “if the inexpressible cruelties of slavery could not stop us, the opposition we now face will surely fail.”

As we move forward this year, the marches will sustain and strengthen the work of those who commit themselves to the ongoing struggle for social justice.  As an activist whose entire life was transformed by “the struggle,” I know the power of seeing millions of people marching for what they believe in.  Let us continue to beat the drums for justice.  Let’s keep marching for our lives and the lives of our children!  The children are watching!

Hypocrisy in High Places

Hypocrisy in High Places contributes to the death of a just society.  The Coalition to Restore Public Trust and the Contra Costa Coalition for Racial Justice call for the immediate resignation of District Attorney Mark Peterson.  Elected in 2010, DA Peterson has violated the public trust.

The FPPC Charges – Campaign Finance Violations

According to  charges pending before the California Fair Political Practices Commission (FPPC), over a 5-year period, DA Peterson used more than $66,000 of campaign contribution money for his personal expenses.  As the FPPC points out, when an official makes personal use of campaign funds, it erodes public trust in the political process.

According to the FPPC, Peterson admits that he started misusing his campaign contributions in 2011 shortly after he was elected. His misappropriation of funds continued until 2015 when he learned that his campaign account had been selected for audit.

The misuse of money donated to his campaign included hotels, meals, movie tickets, gasoline, clothing and more. He also withdrew cash  for his personal expenses from the campaign account.  Other times, DA Peterson transferred money from the campaign account to his personal account.  The FPPC charges include more than 600 separate fraudulent transactions.

The FPPC Charges – Perjury and Fraud

For 5 years, DA Peterson acted as his own Treasurer.  During that time he filed at least 4 falsified FPPC reports which did not disclose his personal use of the funds.  After he was caught, he claimed that the withdrawals from the campaign account were actually “loans.”

DA Peterson has been a lawyer for more than 30 years, since 1983. As a lawyer, officer of the Court and elected official, he knows the meaning of receiving and holding money “in trust.” Every time that he used the campaign account for his own personal benefit, he knew that he was violating the fundamental values of the law and his ethical duties as an attorney. He knew that he was violating the trust of everyone who donated money for him to become our DA.

DA Peterson obviously cannot and will not hold himself accountable under the law. He has lost our community’s trust.  Our community deserves to have a District Attorney who acts ethically and upholds the law.  Mark Peterson has shown that he cannot be trusted to do either.  For these reasons, we call for his immediate resignation.

The Call to Action – The People v. Mark Peterson

To support the call for DA Peterson’s resignation, the Coalition to Restore Public Trust will convene a public trial of Mark Peterson on Wednesday, January 18, 2017, from noon to 1:30 p.m. at 900 Ward Street, in front of his office in Martinez.  We urge the public to attend the trial and hear the evidence of DA Peterson’s unethical conduct and support our call for his resignation.  We also urge you to sign the online Petition calling for his investigation and prosecution by the California Attorney General.

The Politics of Trust

  On Wednesday, January 4, 2017, I will be sworn in as an elected member of the Alameda County Democratic Party Central Committee.  It is an event and an honor that I do not take lightly. I ran for election earlier this year with a promise to bring “a new voice” to the Committee.  To take a seat “at the table” to represent the interests of the people over my own.  I was elected by a landslide with more than 36,000 votes.  The people’s voice demanded to be heard.

 

I take my seat at the table at a moment when progressives are determined to define the Party.  The election of Trump means we cannot go on like “business as usual.”  I take the oath of office mindful of the trust that my community has expressed in me and my leadership.  I intend to serve based on a vision of positive political change called “the Politics of Trust.”

Vasconcellos Legacy Project

In 2002, former California State Senator John Vasconcellos founded the Vasconcellos Legacy Project in Silicon Valley.  He passed away in 2014 before I had a chance to meet him.  His last mission in life was to establish “the Politics of Trust.”  The concern was that our divisive, dysfunctional politics is based on conflict and hostility.  “The traditional view that we humans are inherently evil spreads poison throughout all our politics . . . leaving us with a crippled stunted politics that no longer responds to the will of our people, and politicians who serve primarily themselves.”*  “The Politics of Trust is demanding more and better from each and all of us.”*

* Quotes taken from www.politicsoftrust.net (Accessed 12/2/14)

What We Must Do Now

I believe in the power of the people to effect positive political change.  We must strive to achieve “a new politics, based on our highest aspirations and a new, healing vision.”* In the era of Trump, we have no choice but to reject the old ways of politics and move forward to heal our nation.  In the words of my mentor, Howard Moore, Jr. we have to “organize and fight as we have never fought before to hold this evil at bay over the next two years until the 2018 elections and defeat and remove it from power in 2020.”  I look forward to working with you and all freedom-loving people in my new role. A Luta Continua!