Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

Category: Politics and Elections (Page 1 of 3)

Courage & Compassion

I have learned in my life that “it is always darkest just before the dawn.” Last week was so dark. I sat watching “with fear and trepidation” as the Republicans threatened to end healthcare for 16 million Americans. Even as I supported efforts to stop them, I felt like the freight train was running out of control.

A New Dawn in America

Then, Hawaii Senator Mazie Hirono stepped up to speak on the floor of the U.S. Senate. Every time I watch her speech, I am moved to tears. Her courage in sharing her story, including her fears, her family’s struggles, her unique path to the U.S. Senate, all of it. The shining sincerity of her compassion is so beautifully overwhelming, born of her uniquely American experience. Raised as a poor Japanese immigrant, she has never forgotten where she came from.

Her call for compassion, I believe, is what sealed the deal. As we all know, Senator John McCain‘s “no” was the deciding vote, following the tie-making opposition of Republican Senators Susan Collins of Maine and Lisa Murkowski of Alaska.

Why is compassion so compelling? Compassion is not simply a human emotion. There is evidence that animals are also quite capable of giving and receiving compassion. We also know that compassion in animals is not limited to animals of their same species. A dog can show kindness to a cat. A mother hen can adopt a lost baby duck. A lion can hug a man who loved him without harming him. It seems that in the natural world, compassion has no bounds.

It seems that we are all capable of giving and receiving compassion. The response to Sen. Hirono’s empassioned plea to vote against repeal of Obamacare suggests that we are all vulnerable to the message of compassion. Sen. Hirono noted that when she was diagnosed with cancer, even Republican senators expressed their concern for her. They showed her kindness and compassion. Sen. Hirono called upon the Republican senators to show Americans the same compassion they had shown her. And it worked.

The Courageous Women Who Defied Trump

We should not overlook the significance of the courage displayed by two other female Senators, Susan Collins of Maine and Lisa Murkowski of Alaska. No. 45 actually threatened the residents of both of their states to retaliate against the Senators. Whereas some Republican senators caved in to pressure from the Trumpster, Senators Collins and Murkowski stood firm and represented their constituents.

Their votes demonstrate that when courageous women are present in positions of power, the conversation changes. But for the courage of Senators Collins and Murkowski, Sen. John McCain would not have had his historic opportunity to say “no.” In voting “no,” Sen. McCain also stood fast to represent the best interests of his constituents in Arizona. For the first time in my life last weekend, I was “proud” to be in Arizona.

Health Care Is A Civil Right

Healthcare in America has been denied and fought for like every other civil right.

Credit The Atlantic

In 1966, Rev. Dr. Martin Luther King declared that Of all the inequalities that exist, the injustice in health care is the most shocking and inhuman.” Racial disparities in health care have persisted since 1966. A 2016 study by the Henry J. Kaiser Foundation found that in 2014, 55% of all uninsured persons were people of color. Seventy-one percent ( 71%) of Whites were insured privately and only 21% had Medicaid or public insurance. By comparison, 51% of Blacks had private insurance, and 37% had Medicaid or public insurance. The Kaiser study concludes that “people of color have much to gain from health care reform.”

President Barack Hussein Obama was inspired to make health care his signature piece of legislation. Indeed, arguing for health care reform in 2009, President Obama cited the death of his own mother from cancer and the challenges she faced obtaining insurance because her cancer was deemed a pre-existing condition. His mother, Stanley Ann Dunham, was a White woman.

So, we know that cancer makes no preference based on race, religion, age, national origin or political beliefs. “Some may call me a dreamer” but maybe one day, we can make the same statement for compassion: it makes no preference based on race, religion, age, national origin or political beliefs. I am inspired by Sen. Hirono’s compassion and courage in facing her cancer and using it to uplift a nation. And every time I watch the video of her speech, I think that from the darkness of the Republican night, there might just be a new dawn in America. Hopefully “I’m not the only one.”

To learn more about the fight to provide healthcare for all, go to HealthyCalifornia.org or Citizen.org or NationalNursesUnited.org. Also check out Healthy California’s latest video.

Time to Connect the Dots

Oakland Dodges A Bullet

This week, Oakland dodged a bullet.  On July 12, 2017, Judge Thelton Henderson decided not to place a receiver in charge of the Oakland Police Department. 

In 2003, OPD agreed to a Consent Decree known as the Negotiated Settlement Agreement (NSA). It was only supposed to last 5 years. In 2012, receivership was threatened because OPD failed to hold officers accountable for using excessive force against Occupy Oakland demonstrators. Instead, in December 2012, the Court appointed a Compliance Director to ensure successful compliance with the NSA.

A 2013 comprehensive study of U.S. Justice Department Oversight of Local Police since 1994 does not mention any police department that has ever been placed under receivership.

Credit: Kristopher Skinner/Bay Area News Group

This time, again, the lack of accountability goes to the highest levels. Now we know why former Chief Sean Whent really resigned.  The Swanson-Barron Court report issued on June 21, 2017 exposes the cover-up from the initial investigators all the way to the Mayor’s office.

Let’s Connect the Dots

Here’s a brief timeline of how we got here:

  • 9/25/15 – Officer Brendan O’Brien is found dead with a “suicide note” disclosing OPD’s sex trafficking activities
  • 9/26/15 – O’Brien’ suicide note is circulated to OPD Command Staff, including Chief Sean Whent
  • 9/30/15 – Criminal Investigations Division (CID) Homicide investigators interview Jasmine and blame her for O’Brien’s suicide
  • 10/1/15  – Internal Affairs Division (IAD) opens an investigation
  • 10/7/15 –  CID Lieutenant reports that the CID investigation is closed
  • 10/30/15 – IAD does a single interview with Jasmine by telephone
  • 2/10/16 – IAD investigator provides a draft report to OPD supervisors
  • 3/8/16 – Court Monitor learns of sexual misconduct allegations
  • 3/23/16 – Judge Henderson issues Order re: potential violations of the Negotiated Settlement Agreement (NSA)
  • 6/10/16 – Chief Whent resigns as reports of a cover-up explode
  • 1/4/17 – Anne Kirkpatrick is hired as new OPD Chief
  • 5/1/17  – Kirkpatrick promotes Lois, Coleman & Holmgren
  • 6/21/17 – Swanson-Barron report released
  • 7/10/17  – Kirkpatrick defends her decision to promote Lois, Coleman & Holmgren

Who Made the Decisions?

According to the East Bay Express, Deputy Chief John Lois was the head of OPD’s Bureau of Investigations. In October 2015, he approved the closure of two criminal investigations of police misconduct within a week, despite obvious evidence of wrongdoing. He has just been promoted to Assistant Chief of Police, the second-highest position in the department.

 

Capt. Kirk Coleman was in charge of the Criminal Investigation Division (CID) in October 2015. Task 28 of the NSA requires the CID Commander to notify and coordinate promptly with the DA’s Office regarding possible officer criminal misconduct. OPD failed to notify the DA. Coleman is being promoted to run Internal Affairs, putting him in charge of all police-misconduct cases.

 

Lt. Roland Holmgren was the head of OPD’s homicide unit in October 2015. Two homicide investigators, Sgts. Bradley Baker and Jason Andersen, blamed Jasmine for O’Brien’s suicide in their interview, and watched her destroy evidence to protect other officers. Holmgren watched this interview. Holmgren then closed the homicide investigation within a week. He is being promoted to Captain and will be in charge of the CID.

Who Was Kept In The Dark?

When Kirkpatrick came to Oakland in January 2017, she had to rely on someone to tell her what was really going on inside OPD. Presumably that person was the Mayor who hired her. Perhaps the task was delegated to City Administrator Sabrina Landreth who oversaw OPD for 6 months. When Kirkpatrick proposed to promote these 3 men in May, you think someone would warn her that they were implicated in covering up sex trafficking by police officers. Instead, it appears that Kirkpatrick was kept in the dark. Worse case scenario, she was told and promoted them anyway.

According to the East Bay Express, Kirkpatrick defends and still intends to move forward with her promotions.

At the same time, according to the Court’s report, police and City officials kept the District Attorney in the dark. The Mayor claims she told District Attorney O’Malley about the investigation in May 2016. The earliest news of a DA investigator implicated in the misconduct, former OPD Capt. Rick Orozco, broke in June 2016. According to the East Bay Times, Orozco, a 20-year OPD veteran, was let go a month later. According to other reports, Orozco was the second DA employee implicated in the misconduct.

Not surprisingly, the first 2 recommendations in the Swanson-Barron report are designed to improve the reporting of potential officer criminal misconduct to the DA’s Office.

Who Will Hold OPD Accountable?

In September 2016, DA O’Malley was asked and said she did not intend to investigate anyone for obstruction of justice. This week, Oakland City Councilmember Rebecca Kaplan called the question again.  She is not alone. Oakland City Councilmember Noel Gallo also says that the everyone responsible for mishandling the Guap case, including the top leadership, should “face the music.”

The challenge to holding anyone accountable may be the statute of limitations. The statute for misdemeanor crimes is generally 1 year. Possible misdemeanors in this case include destroying or concealing evidence, preventing a witness from testifying or interfering with a police officer which is considered obstruction of justice. Conspiracy to obstruct justice can be charged as a felony. The statute of limitations for the felony charge is 3 years. The alleged cover-up began in October 2015. So, the DA is either out of time or time is running out.

The new Chief faces a similar problem. The time to complete an investigation of police misconduct is 1 year. So, the question is whether anything done so far constitutes an investigation of the top OPD brass. If so, when did it begin. The Chief is also either out of time or running out of time.

Judge Henderson left the matter in the City’s hands for now. The City has until September 25th to file a report in response to the Swanson-Barron report.

Credit: East Bay Express

If you agree that Chief Kirkpatrick should either postpone or rescind the promotions of Chief Lois, Capt. Coleman or Lt. Holmgren, you should call her at 510-238-8865, or hit her on twitter at @oaklandpoliceca. You can tell her for me if she really wants to “transform” OPD, she needs to start at the top. You can also tell Mayor Libby Schaaf at @theOaklandMayor.

 

 

 

Why I’m Running For DA

My friends’ first question is not why am I running for DA. The first question is “have you lost your mind?”  No, I have not lost my mind.  I know who I am and I know why I’m running.  So here it is.

No Police Accountability

Exhibit ACourt-Appointed-Investigators-Report-on-City-of Oakland’s Response to Allegations of Officer Sexual Misconduct.  This scathing report exposes the total lack of accountability we have in Alameda County for police misconduct. It is particularly disturbing because OPD is under a consent decree that requires the Criminal Investigation Division (CID) Commander to inform the DA of possible criminal conduct by officers. Yet, neither the City Attorney nor the District Attorney have taken any responsibility to enforce this provision of the Consent Decree. This persistent problem has cost our City millions of dollars.

Our DA says she had no knowledge of the investigation of police sexual exploitation going on right under her nose. The Court’s report verifies this claim. Nancy O’Malley had no idea that sex trafficking by the police was happening in Alameda County. It has been reported that two investigators in her office were part of the problem. She says she was completely unaware of the ongoing investigation until she read about it in the newspaper. To me, that is a gross dereliction of duty on her part.

When Officer Brendan O’Brien killed himself in September 2015 and left a note, he was still under suspicion of killing his wife. The question is why the DA did not ask “what’s in the suicide note?

Courtesy: Josh Edelson/AFP/Getty Images

The Court report leaves no doubt that various members of OPD, certainly including former Chief Sean Whent, the Internal Affairs Division and CID Commanders engaged in obstruction of justice. When asked if she intended to investigate anyone for obstruction of justice, DA O’Malley said flatly “no.” Surely, this is why OPD felt completely comfortable covering up these crimes. There simply is no history of accountability for police officers in Alameda County.

“Is this because I was little?”

The Court finds that OPD did not properly investigate because of “an implicit but evident bias against the victim.” The report says “put simply, CID and IAD wrote off this victim.” Regrettably, I observed a similar bias in the DA’s response. While our County’s female leaders did not come right out and blame the victim, no one acted like they gave a damn about Jasmine. It was as if her exploitation was not taken seriously. Ultimately, the DA left Jasmine to languish in a Florida jail for 17 days.

Sept. 9, 2016. (AP Photo/Terry Chea)

When DA O’Malley famously announced “I would charge these officers but I don’t have a witness,” Jasmine was facing a felony and 15 years in prison. She was tricked into going to Florida in the first place by the Richmond Police Department.

The fact is the Richmond police sent DA O’Malley’s star witness across the country. Richmond PD placed Jasmine in a situation where she was held against her will, assaulted and arrested because she wanted to come home.  If I were the DA, I would absolutely demand a thorough investigation of possible witness tampering. I would absolutely do everything in my power to hold whomever sent my witness to Florida accountable. More importantly, I would do everything in my power to bring her home. The same bias that OPD exhibited was obvious in the DA’s response to Jasmine’s incarceration in Florida – they wrote her off.

No Criminal Justice Reform

In 2014, Proposition 47 passed in Alameda County by almost 74% of the voters. We recognize that we cannot solve our problems by locking everyone up. DA O’Malley vigorously opposed Proposition 47.  She called it “a frightening fraud with irrevocable and far-reaching consequences.” How can we expect her to implement legislation she considers “a frightening fraud?”

In 2012, California voters passed realignment legislation to reduce the numbers of people in prisons and bring them home. The measure, Proposition 36, passed in Alameda County with 78.6% of the vote.  Yet, in 2016, DA O’Malley proposed to spend only $1.72 million of her $73 million budget on re-entry services.

In 2015, the DA’s office prosecuted almost 41,000 adults and 1001 juveniles.  Ninety-three percent (93%) of the adult cases reviewed for charging resulted in some type of prosecution. So, if you get arrested in Alameda County, there is a 93% chance that you will be prosecuted for something. In contrast, Homeless Court meets six times a year and helps about 300 people a year.

The vast majority of the prosecutions (59% – almost 29,000 cases) were for misdemeanor crimes. The misdemeanor numbers include thousands of women arrested for prostitution. In 2015, the Safety Net Program – a program to create a safety plan for at-risk and high-risk victims of commercial sexual exploitation – only reviewed 83 cases.

The New Jim Crow in Alameda County

In 2015, almost 1500 juvenile cases were presented to the DA. Of those 1,001 (67%) resulted in prosecutions. Felony arrests of African-American kids were a startling rate of 25 per 1,000 compared to 2.3 per 1,000 for White kids. Only 112 kids were referred to a restorative justice program. Only 80 kids participated in our Collaborative Mental Health Court. In 2014, Alameda was one of only 9 counties in the State where the DA only charged Black or Latino kids as adults. “The New Jim Crow” is alive and well in Alameda County.

Why We Have to Make A Change

We have got to change the picture of justice in Alameda County. The days when the DA can “talk the talk” and not “walk the walk” have to be over. As Adam Foss says, we need prosecutors who want to change lives, not ruin them. We need better public safety outcomes. Alameda County has the 4th highest homicide rate for young people (ages 10-24) in the State. Whatever she’s doing is not working.

Donald Trump and Jeff Sessions are about sending folks back to jail.  Since 2012, we have rejected that approach in Alameda County. We want to bring people home and rebuild families and restore our community. We want to end the horrendous racial divide that has infected our judicial system. We want to treat and teach our kids how to be kids. That’s how we need to spend our money – by investing in our people. We need Justice Done Right in Alameda County.

Prosecutorial Accountability In Action

Prosecutorial Accountability In Action

A cultural shift is happening across the country.

On Wednesday, June 14, Contra Costa County District Attorney Mark Peterson pled guilty to one felony and resigned.  Many of us started calling for his resignation and prosecution in January. It only took six (6) months for it to become reality.  Prosecutorial accountability in action!

Why Peterson Had to Go

In May, a civil grand jury recommended that Peterson be removed from office.  The grand jury relied upon the fact that Peterson misappropriated tens of thousands of dollars in campaign money.  But, Peterson has done more than steal $66,000 over the last five years. Peterson represented an old way of thinking about criminal justice that is not in line with the people who live in Contra Costa County.

Mark Peterson advocated against criminal justice reform at every turn. Voters in Contra Costa County voted overwhelmingly in favor of Prop. 36, Prop. 47 and Prop. 57. These bills all helped relieve the overburdened California prison system.  In 2012, Peterson opposed Prop. 36, which reformed California’s draconian three-strikes law. He told the Mercury News that the 3 Strikes law “gives prosecutors a powerful bargaining position.” He also opposed Prop. 47 and Prop. 57.

Peterson is both ignorant and dismissive of the structural racial inequities in the criminal justice system.  After the grand jury failed to indict Darren Wilson for murdering Michael Brown in Ferguson, Peterson wrote “All Lives Matter,” and argued that “crimes are perpetrated disproportionately by poor people of color.

As the District Attorney, Peterson decided to charge Black children in Contra Costa County as adults 12 times more often than white kids. While African Americans make up 9.6 percent of the total county population, they represent 41 percent of the juvenile probation population. Peterson regularly overcharged and prosecuted Black, Latino and poor women for petty theft crimes while excusing his own felonious conduct.

The Flip Side of Unequal Justice

While Peterson has showed a disdain for the people he represents and serves, he has shown favoritism to bad actors in law enforcement. He conducted the most perfunctory investigation of the Richmond police officers who were allegedly complicit in a massive sex trafficking ring.  He initially refused to prosecute any of them.

Peterson turned a blind eye to the community’s concerns about sexual exploitation and obstruction of justice. The Richmond Police Department initially denied and later admitted that it arranged to transport the 19-year-old survivor-victim witness to Florida.  Once there, she was promptly arrested, charged with a felony and incarcerated facing a possible 15-year sentence under extremely dubious circumstances.  Peterson’s office made no effort to assist me in securing her release from jail or returning her to California.

Peterson’s 2014 investigation of the murder of Richard “Pedie” Perez, an unarmed man shot by Richmond Police Officer Wally Jensen, was so flawed that the family and much of the community remains outraged that a murderer may have gotten away. There is compelling evidence that Officer Jensen initiated a physical confrontation by repeatedly tackling Pedie. Pedie was unarmed and intoxicated. After tackling Pedie, Jensen backed up, pulled his gun and shot Pedie three times, killing him.

Peterson also refused to investigate whether the West Contra Costa Unified School District (WCCUSD) was defrauded in connection with a $1.6 billion school construction bond program. There is compelling evidence that the WCCUSD provided contractor SGI with rent-free office space, a 10 percent markup on general contracting reimbursements and reimbursement for office furnishings, supplies and cellular service. An investigation also found that SGI received substantial increases in pay, averaging 69 percent, when 10 or 20 percent would have been reasonable.

The Michael Gressett Scandal

In 2015, Peterson rehired his friend and supporter, Deputy DA Michael Gressett. In 2008, Gressett was charged with a violent sexual assault against a female co-worker involving an ice pick and a handgun. Eventually, Contra Costa County paid $450,000 to settle the victim’s civil case for rape. She accused Gressett of sodomy and false imprisonment. The criminal case against Gressett was dismissed on a technicality. Later, the Attorney General’s office decided not to refile the criminal case because the victim had moved to Florida and refused to return to California to testify against Gressett.

How The Community Brought Him Down

Peterson’s downfall was the culmination of months of organizing and a community that “woke up.” Citizens, everyday people became aware of his actions and rejected his reasoning. First it was activists holding a public trial in front of his office in January. Peterson was “found guilty” on a 7-count indictment. To his credit, County Supervisor John Gioia stood up to represent the interests of his community and called for Peterson’s resignation.

Then it was the civil grand jury recommending his removal. Next, it was a vote of no-confidence by the prosecutors’ union. Local editorial boards called for his resignation. Most people were absolutely appalled by the fact that Peterson intended to run for re-election.

Peterson’s resignation is a victory for the people of Contra Costa County. The community found its voice and used its voice to reject lawlessness by its chief law enforcement officer.  Peterson’s prosecution proves that law enforcement officials can be held accountable under the law.  All it takes is a will to look, speak up and act out! #Stay Tuned & StayWoke.

 

The Politics of Trust-Part 2

In December 2016, as I prepared to take my seat as an elected member of the Alameda County Central Committee, I expressed my intention to serve based on the inspiring messages from “the Politics of Trust.”  Fast forward to June 2017. The California Democratic Party is experiencing a “Politics of Trust” moment as the battle for Chair of the Party continues.

The Audit & the Challenges

Joey Smith, Kimberly Ellis, Pamela Price (2016 CDP Convention)

On May 22, 2017, a small crew of folks gathered in the office of the California Democratic Party. We were there to start an “audit” of the ballots cast in the CDP elections. I served that first day as a legal observer on behalf of the Kimberly Ellis campaign. Others also stepped up that day and later in the week to support Kimberly’s effort to ensure fairness and transparency in our election.

Everyone should support that effort. Fair (open and free) elections are supposed to be the hallmark of a democratic society. Without getting into specifics, the questions for our CDP elections is both how the votes were cast and who actually voted. These questions have also prompted challenges in two other Officer positions and a majority of the Regional Director positions.

The CDP bylaws provide for a challenge based on a violation of the CDP bylaws. The CDP’s Compliance Review Commission has six (6) members. This Commission has the power and authority to take such actions as are necessary to provide a fair and just remedy including, but not limited to, the holding of new elections.

The Ellis challenge is firmly grounded in a tradition of democratic demands for election fairness. I learned “election protection” firsthand in 2008 when along with thousands of lawyers, I volunteered to observe the presidential election.  Because Barack Obama’s candidacy was so earth-shaking, many people feared the election would be stolen away. Lawyers from everywhere traveled thousands of miles to cover the entire country. We were there to ensure fairness and transparency.

Fairness & Transparency in Elections

Long before Barack Obama, however, “outsiders” learned that having eyes on the process makes it harder to hide election fraud. His adopted hometown, Chicago, is the perfect tale of election fraud and election reform. The famous Chicago political machine engaged in every form of trickery from 1928 until the 1980s. In 1983, Mayor Harold Washington created the city’s first Freedom of Information law, allowing journalists and others to obtain and analyze election records.

As one writer points out, our electoral system is widely viewed as an anomaly in the western world today because of persistent problems, such as reliability of voting machines; frequent bureaucratic incompetence; the lack of uniform standards from state to state, or even county to county; the systematic exclusion of millions of formerly incarcerated citizens; and the tendency of election officials to adopt rules that benefit their party over democracy itself.

These problems are rooted in a political system designed to guarantee rich White male supremacy. Women, Black people and poor White men were intentionally excluded from the right to vote from the beginning. As a result, our history has been about some of us fighting to overcome ingrained privilege while others fight to preserve it. Furthermore, it seems as long as we struggle to infuse the political system with integrity, it gives free reign to people who plan to cheat and unfairly influence the process. I suspect that California State Senator John Vasconcellos was right that we have to change the basic calculus of politics.

The Politics of Trust

This is a large moment in history for the California Democratic Party.  The headquarters in Sacramento is dedicated to working people in California. The walls are decorated with commemorations to the lives and legacy of Congressman Phil Burton and his wife, Sala Galante Burton. Notably, Sala’s perspective seems especially relevant in this moment. According to Sala, “politics is everybody’s business. The air you breathe is political—it isn’t just a game for certain people. We must all be vigilant in terms of whom we elect to office, vigilant in terms of our civil rights and liberties.”

Credit: LA Times

I’m sure Sala Burton is smiling down on Kimberly Ellis and thanking her and her supporters for their vigilant demand for fairness and transparency in this election. After all, the CDP is the largest state democratic party in the country.

 

If the Compliance Review Commission does not pull out all the stops to benefit democracy over intra-party loyalty, it will be exposed for all to see. All eyes are watching. Hopefully, these Commission members appreciate their singular role in resolving not only the challenges, but also restoring trust in the process. I hope they are people of courage and integrity. “The Politics of Trust is demanding more and better from each and all of us.”* #StayWoke!

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

What The H**l Happened Down There?

The Question – What the H**l Happened Down There?

Me at the CDP General Session on Sunday!

What the hell was going on down there? That was actually the question. “Down there” is Sacramento, California, and yes, it was wild!

The upheaval within the Democratic Party came home to California this past weekend. The deep discontent that I saw simmering just below the surface at the CDP Convention last summer in San Jose blew up the house in Sacramento.

And it seems the party leadership never saw it coming. So when it happened, they had no idea how to deal with it.

This weekend, Eric Bauman became the Chair of the California Democratic Party. His mission, “should he decide to accept it,” is to repair the breach of trust and unify the base. It is his mission, his job, his responsibility. It’s why he now will get paid “the big bucks.”

So, why all the fuss? What the hell happened down there?

My Report on the Convention

So what happened (from my view) is that the delegates had a clear choice between (a) someone relatively new to the party and (b) someone who had waited years for “his turn.” A choice between (a) an outsider with a track record of recruiting and training women to successfully run for office and (b) the ultimate insider who presides over a party chapter with a history of exceptionally low voter turnout.

Kimberly Ellis

It was a clear choice between (a) someone who managed to unify Berniecrats and Hillary supporters, and (b) someone who will have a very difficult time gaining the trust and support of new people who came alive in the party because of Bernie Sanders.

 

An obvious choice between (a) an energetic smiling young Black woman and (b) a somewhat “entitled” middle-aged gay man. Their positions remind me a lot of the contest Barack Obama and Hillary Clinton in 2008.

I know some people want to make Kimberly “an angry Black woman.” And some perceive Eric as “your mean older brother.” Their personalities was not the deal-breaker for me, anymore than their age, race or sexual identity. Make no mistake. I supported Kimberly Ellis for Chair. What mattered most to me were two things: (a) who had the best vision for the future of the Democratic Party; and (b) who had conflicts of interest that might impact his ability to advocate for the needs of everyday people. Kimberly’s message about redefining what it means to be a Democrat was inspiring, particularly in light of the party’s failures for at least the past two decades.

Fortunately, the contest was not simply a case of “identity politics.”  It is well known that many Black politicians do not support Kimberly. Most notably the Chair of the CDP African-American Caucus. I know gay men who did not support Eric. Still, it troubles me that Black women have the highest voter turn-out as Democrats (meaning we are the backbone of the Democratic Party), yet, we do not have a single Black woman in charge of a statewide Democratic Party. Not here, not there, not now, not ever. This is a big problem for the Democratic Party.

Who Turned Off the Mike on Auntie Maxine?

Then there was the insulting treatment of senior political matriarch, Congresswoman Maxine Waters. On Saturday night, as Kimberly’s candidacy was going down in flames, a young white man decided to interrupt Maxine Waters’ speech. In full view of the African-American Caucus. He was completely un-intimidated. He stepped up to the Congresswoman and told her to stop talking. She just happened to be giving her bad report on No. 45. And talking bad about No. 45 “for real.” It seems that the young man could not take it. So he just walked up and interrupted her. When she would not stop talking, he turned off her mike.

What really scares me is that if he wanted to harm her, he could have. Maxine Waters is an America icon. She is currently serving her 13th term in Congress.  She was elected in 1990. Congresswoman Waters has served on the Democratic National Committee (DNC) since 1980. She was a key leader in five presidential campaigns: Sen. Edward Kennedy (1980), Rev. Jesse Jackson (1984 & 1988), and President Bill Clinton (1992 & 1996).  Before she went to Congress, she spent 14 years in the California State Assembly.

In the California Assembly, “Auntie Maxine” as she is fondly called, served as the Democratic Caucus Chair and is credited with pushing some of the boldest legislation California has ever seen. She lead the fight for divestment of state pension funds from South Africa. She authored landmark affirmative action legislation; the nation’s first statewide Child Abuse Prevention Training Program; the prohibition of police strip searches for nonviolent misdemeanors; and the introduction of the nation’s first plant closure law.

Outrage and Accountability

The way that this man boldly stepped up and interrupted Auntie Maxine was absolutely shocking. I seriously doubt that he would have stepped to Congressman Paul Ryan or Congressman Kevin McCarthy in such a way. Certainly, he would not have turned off the mike while either one of those Congressmen was still speaking. The entire African-American Caucus is outraged by such blatant disrespect. Even those of us who were not there. The video is quite alarming!

So, one of Eric Bauman’s first tests on accountability to the party is how he responds to the complaint lodged by the African-American Caucus. Mr. Bauman not only has to address the outrage of Kimberly’s supporters (who booed him from the floor on Sunday and then walked out), but also the outrage of those who have love and respect for Auntie Maxine.

Mr. Bauman needs to get busy right away! Otherwise, he may never gain the credibility he needs to lead us in the fight against Trump!

 

Trump’s Secret Assault

I’m sitting and waiting for the healthcare vote. I’ve watched nervously over the last few days as the forces of Trump gathered in secret.  It is clear they intend to deliver a savage blow to healthcare in America. As a result, it is clear that now, more than ever, we need single payer healthcare in California.

The Healthy California Act – SB562

SB562 is a Senate bill in the California State Legislature that proposes to provide free healthcare for all Californians. Single-payer health care is a system in which the government, rather than private insurers, pays for all healthcare costs. Healthy California is a campaign of over 4 million Californians committed to guaranteeing healthcare for the residents of our state.

 

In a 2003 study, Americans spent 7.2% of our Gross Domestic Product (GPD) on health care. By comparison, it found that citizens in Europe, Japan, New Zealand, Canada and Australia spent less than 2.6. Their healthcare costs were covered by their governments. A 2010 study found that Americans continue to spend way more on our healthcare than other similarly-situated countries.

Source: Wikipedia/Sugar Baby Love

Our failure to provide universal healthcare in America also hurts our financial status in the world. A comparison of our credit rating to other countries with universal healthcare makes it clear we need single payor healthcare.

Source: Huffington Post

SB562 is a Senate bill in the California State Legislature that proposes to provide healthcare for all Californians. On April 26, 2017, the California Legislature moved SB562 forward. It would provide full healthcare coverage for all Californians. The advances from Obamacare would be folded into the new system. It will eliminate “co-pays” “out-of-pocket costs” and “deductibles.” These are the private expenses that are driving all of us to the poorhouse. SB562 will lower prescription costs which really hurt people when they are sick and need help the most.

Reproductive Injustice

According to the U.S. Dept. of Health & Human Services, the infant mortality rate is one of the most widely used measures for the overall health of a community. Leading causes of death among infants are birth defects, preterm delivery, low birth weight, Sudden Infant Death Syndrome (SIDS), and maternal complications during pregnancy. Infant mortality continues to be a major problem in the U.S. although the rate is dropping.

In Alameda County, 619 babies died prematurely between 2006-2012, compared to 56 in Marin.  Alameda County’s infant mortality rate is consistently higher for Black and multiracial women than women in other ethnic groups. It is 3 times higher for Black families as white families in Alameda County, and almost that high in Contra Costa County.

West Contra Costa County became a medical desert in 2014 with the closure of Doctor’s Medical Center. Residents of 8 cities, Hercules, Pinole, San Pablo, El Sobrante, El Cerrito, Albany, Richmond, Kensington and the surrounding incorporated areas have to travel to Berkeley or Oakland for emergency medical care. The current crisis in West County is the result of decades of racial injustice in healthcare and other social services in Contra Costa County.

Studies also show an increase in pregnancy mortality rates in recent years. Again, Black women are dying at significantly higher rates:

  • 40.4 deaths per 100,000 live births for black women
  • 16.4 deaths per 100,000 live births for women of other races
  • 12.1 deaths per 100,000 live births for white women

Reproductive Injustice is still pervasive in our healthcare system by race and gender.

The Urgency of Now!

These statistics make it clear that NOW is the time for universal healthcare.  That the fight for single-payer healthcare is a social, racial, gender and economic justice issue.  Having free access to quality healthcare is one of the pressing human rights fights of our time.  Indeed, lives are at stake and every day counts! I urge everyone to join and support the Campaign for a Healthy California!  #HealthyCA

Ending the Bail System

© 2013 Lucy Nicholson/Reuters

This week, California is taking a momentous step forward. The State Senate, supported by the Assembly, is moving to end bail as we know it. For as long as I have been a lawyer, “making bail” has been a requirement in our criminal justice system. The rule says you are “innocent until proven guilty.” Making bail is the first step that undermines the rule. In our system of justice, once you are arrested, you must prove your innocence. That requires money, starting with bail money.

Where Did It Come From?

The United States has 5 percent of the world’s population but 25% of the world’s prisoners. California led the way to mass incarceration when we approved the 3-strikes initiative in 1994. The right to bail comes from English law. It was incorporated into our Constitution in the Eighth Amendment. Today, a coalition of civil rights organizations supported by dozens of advocacy organizations has taken a huge step to repair the damage of racist failed policies. Thanks to Professor Michelle Alexander, we know that there were more African-American men in prison, jail, on probation or parole in 2013 than were enslaved in 1850.

Almost a dozen legislators, including Assembly District 18 representative Rob Bonta are pushing forward with bail reform. There are two measures being pushed through the State Assembly. Bail reform – SB 10 and AB42. Passage is not guaranteed. Bail reform failed in the legislature in 3 prior attempts. SB10 creates a pretrial services agency in each county and a hearing process for anyone who cannot immediately be released on their own recognizance.

For the first time, the judge deciding whether to release an individual must consider the presumption of innocence along with other factors.

We Have A Bail Problem

The current system allows a person’s wealth rather than their guilt or innocence to determine whether they will remain in jail until the case is over. Indeed, in California, the average bail amount is $50,000. This is five times higher than the rest of the United States. Thousands held in county jails across the state have not been convicted of a crime. They may in fact not have committed any crime. Many people arrested spend up to 5 days in jail even when there is not enough evidence to charge them.

Bail is historically and often used to coerce guilty pleas. Prosecutors often ask for a high bail and judges grant the request to coerce the person to plead guilty. A 2017 study by Human Rights Watch found that between 2011-2015, 1,451,441 people were arrested and jailed for felonies. Of that number, almost 500,000 were eventually found not guilty, their cases were dismissed, or the prosecutor never filed charges.

Alameda County Has A Bail Problem

In 2014-2015, Alameda County spent close to $15,000,000 to incarcerate people whose cases were either dismissed or never filed. Many innocent people had cases filed against them, but the case was dismissed or they were acquitted after spending weeks or months in jail. It is estimated that more than 85% of the people in jail in Alameda County are pretrial detainees – they have not been convicted or pled guilty. Ninety-one percent (91%) of those who pled guilty to a felony were released shortly after they took the plea deal. Most of the time, there is no legal right to sue for wrongful imprisonment, even if you were innocent.

When a person cannot make bail, it may cause loss of employment, income and/or housing. Our current system causes traumatic family disruption. On the one hand, when a person is held in jail, the whole family suffers shame and fear. To bail someone out may require multiple family members to take on crushing debt. The consequences of pretrial detention affect people of color, particularly Black people, and poor people far more often than white people. The stories of people losing their jobs or their homes because they went to jail and couldn’t make bail are far too common.

SB10 and AB42 are important steps in addressing the terrible consequences of mass incarceration. They both need our support to pass this time. The question is do we really believe that someone is innocent until proven guilty, and if so, does that matter? Please sign the Courage Campaign’s online petition!

Losing the Federal Government

I feel like we’re tettering on the edge of a cliff.  The next deep breath, we fall into the abyss.

What Just Happened?

Today, April 6, 2017, is truly one of the last days of American democracy.  Why? Because today, the Republican Senators voted to change the rules of the U.S. Senate. They made the change to ensure that Democratic Senators will no longer have a voice in voting on federal judges at any level. It also means that, tomorrow, the right wing of the American judiciary will take over the U.S. Supreme Court for possibly at least the next 50 years. So, the transformation of America is complete.  Elections do matter. The bloodless coup which became apparent in November 2016 is complete.

Who Is Neil Gorsuch?

This dramatic rule change was necessary to get Judge Neil Gorsuch of Colorado appointed to the U.S. Supreme Court. Judge Gorsuch is the son of Anne Gorsuch. Anne was a Ronald Reagan appointee who at one point was the head of the Environmental Protection Agency (EPA). She cut the EPA’s budget by 22% and reduced the number of cases filed against polluters. Ann also relaxed Clean Air Act regulations and facilitated the spraying of restricted-use pesticides. She hired EPA staff from the industries they were supposed to be regulating.  According to her Wikipedia page, Anne is the first agency director in U.S. history to be cited for contempt of Congress after she refused to comply with a subpoena.

Judge Gorsuch’s background as a litigator is one of privilege. He graduated from Harvard Law School in 1991.  He clerked in the D.C. Circuit federal court and the U.S. Supreme Court after law school. He then joined an elite D.C. law firm and stayed there for 10 years, representing corporate clients and billionaires.  In 2015, his former firm paid new associates “a starting bonus “of $175,000 or a $330,000 signing bonus to those who clerked for Supreme Court Justices. Gorsuch left the firm in 2006 when George Bush appointed him to the 10th Circuit Court of Appeals.

What is His Record?

Judge Gorsuch is the heir to Antonin Scalia. Like Scalia, Judge Gorsuch says he will “look backward.” He believes the Constitution should be interpreted the way it was interpreted when it was written. No matter that in the original Constitution, Black folks are only 3/5 of a person and women do not have the right to vote. In Gorsuch’s view, the infamous Dred Scott decision would be “good law” because it is based on what the judges then understood the law to be. He would also support the decision in Plessy v. Ferguson which ruled that Jim Crow laws were constitutional. The Court’s understanding of the law at that time legalized discrimination that endured for nearly sixty years.

His record on women’s rights and civil rights as a federal judge is troubling.  In February 2017, the Leadership Conference on Civil and Human Rights and 107 civil rights organizations signed a letter opposing his nomination. What is really scary, however, is that the National Rifle Association (the NRA) just dropped a million dollars to support his nomination. Gorsuch’s apparent views on guns led Americans for Responsible Solutions, the gun violence prevention organization founded by former Congresswoman Gabrielle Giffords and Navy combat veteran and NASA astronaut Captain Mark Kelly, and its sister organization, the Law Center to Prevent Gun Violence, to oppose his nomination. Under Gorsuch, America’s status as the most violent country in the world will be preserved.

“Defective from The Start”

Gorsuch says using the courtroom to “debate social policy is bad for the country and bad for the judiciary.”  If Gorsuch opposes using courts to debate social policy, he likely will oppose efforts to change any policies in the Courts.  His views are exactly opposite from the greatest lawyer and judge America has ever known, Justice Thurgood Marshall.  In 1987, Justice Marshall pointed out that “we the people no longer enslave, but the credit does not belong to the framers. It belongs to those who refuse to acquiesce to outdated notions of liberty, justice, and equality and who strived to better them.” He said “the government they devised was defective from the start, requiring several amendments, a civil war, and major social transformations to attain the system of constitutional government and its respect for the freedoms and individual rights, we hold as fundamental today.”

Donald Trump promised to appoint a “Scalia-like” justice to the Supreme Court. He is keeping his promise. Justice Scalia was a rabid opponent of affirmative action and voting rights. He wrote the Walnart v. Dukes decision that ended one of the largest class-action suits in history and set civil rights progress backward for years. Scalia opposed gay rights and a woman’s right to choose what to do with her own body. Scalia denied protection to victims of domestic violence and he wanted to abolish the Miranda rule protecting a defendant’s right to remain silent. The truth is, if Judge Gorsuch starts where Scalia left off, he too will be “defective from the start.”

Honoring Women In Politics

This week, I am honored to be recognized as the Woman of the Year for Assembly District 18 (AD18)!  AD18 Assemblymember Rob Bonta selected me. As a result, I am joined into a very special “Girl’s Club” of amazing women from all over California. My new Club includes nurses and doctors and teachers and students, unionists and entrepreneurs and many other professions where women are making history. On March 6th, the California Legislative Women’s Caucus held a day-long celebration in Sacramento for all the Women of the Year.

We all stand on the shoulders of powerful sisters who went before us, most notably, the “Shero” of American politics, Shirley Chisholm.

Unbought and Unbossed

Shirley Chisholm was the original “giraffe.”  She was not afraid to stick her neck out. By her courage and commitment to progress, we all advanced. She was the first Black woman ever elected to the U.S. Congress. in 1971, Chisholm was a founding member of both the Congressional Black Caucus as well as the National Women’s Political Caucus. Chisholm is the first black major-party candidate to run for President of the United States, in the 1972 U.S. presidential election.  She is also the first woman ever to run for the Democratic Party’s presidential nomination.

According to her World Biography, Chisholm became politically active with the Democratic Party in the 1940s.  She quickly developed a reputation as a person who challenged the traditional roles of women, African Americans, and the poor.  After a successful career as a teacher, Chisholm decided to run for the New York State Assembly.  She served in the State Assembly until 1968, when she decided to run for the U.S. Congress.  During the Vietnam War, Chisholm protested the amount of money being spent for the defense budget while social programs suffered.

Chisholm was a strong supporter of women’s rights. Early in her career as a congresswoman, she supported a woman’s right to choose. She spoke out against traditional roles for women professionals (including secretaries, teachers, and librarians).  She argued that women were capable of entering many other professions. Black women especially, she felt, had been pushed into stereotypical roles, or conventional professions, such as maids and nannies.

Shirley Chisholm reported that “When I ran for the Congress, when I ran for president, I met more discrimination as a woman than for being black. Men are men.” In particular, she expressed frustration about the “black matriarch thing,” saying, “They think I am trying to take power from them. The black man must step forward, but that doesn’t mean the black woman must step back.”

Black Women In Politics Today

Black women have always stepped up in the Democratic Party. Donna Brazile, a Black woman from New Orleans just completed her term as the Acting Chair of the DNC.  Moreover, Kimberly Ellis is a Black woman making a serious bid to become the Chair of the California Democratic Party in 2017.

 

 

Former Ohio Senator Nina Turner was one of the most visible and effective surrogates for Senator Bernie Sanders. She is an accomplished advocate for social justice in her own right. After the Democratic Party rejected (and disrespected) Bernie Sanders, there was an effort to draft Sen. Turner to run for Vice-President on the Green Party ticket or for Ohio Governor.

Our own Congresswoman Barbara Lee is one of the most respected and effective representatives this country has ever seen. It has always been my joy and honor to say “Barbara Lee Speaks for Me!”

We’ve Come A Long Way Baby

I am humbled and inspired to represent AD18 on the Democratic Party Central Committee. We now all know that it is an important time to serve in our local Democratic Party.  I feel blessed to have found my way into the middle of the fray!

Many years ago, there was a commercial that tickled my father, David Price. I can still hear him saying “you’ve come a long way baby” with a big grin.  Dad was the father of two daughters and the brother of 5 sisters.  He was proud of the advances made by women in his lifetime.

On Monday, March 6th, I walked with 79 other amazing women through another door into history. As I walk forward, I know that my Lord has brought me “from a mighty long way.”  As I continue to grow as a leader, I know that “to whom much is given, much is required.”

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