If you don't see images in this message, click "Display Images" or the equivalent.
E-165 - Friday, September 20, 2019
Advertise in The Nooner to reach over 8,000 readers
RECENT AURAL PLEASURE:
TRUMP TAX RETURNS: Lawsuit information page for SB 27 (McGuire and Wiener): Primary elections: ballot access: tax returns.
MONEY MATTERS: This is the space where we look at interesting contributions to party committees or non-capped "ballot measure" committee accounts affiliated with legislators. Standard contributions to candidate committees up to the 2020 limit of $9,400 for primary and general are not included.
IN TODAY'S NOONER:
Happy Friday! We made it! May it please be better than a week ago; I'm still recovering from that 23-hour day. Thank you for all the podcast listens/views and feedback--our fastest growing episode yet. Our episode from Monday is selling out like Popeye's chicken sandwiches, although we have a better-stocked freezer of words that don't run out.
Let's be quick today. I'm sure I'll come back with more on Eastern District federal judge Morrison C. England, Jr.'s tentative ruling yesterday in favor of a preliminary injunction finding that the plaintiffs are likely to prevail on the merits in the challenge that SB 27 (McGuire and Wiener) as it pertains to the requirement that presidential candidates disclose five years of tax returns to appear on the California ballot.
As I wrote in The Nooner Nightcap, England appears poised to write an opinion by October 1 that finds federal preemption of SB 27's requirement in the Ethics in Government Act, specifically 5 USC App 107(b), which provides:
"The provisions of this title requiring the reporting of information shall supersede any general requirement under any other provision of law or regulation with respect to the reporting of information required for purposes of preventing conflicts of interest or apparent conflicts of interest. Such provisions of this title shall not supersede the requirements of section 7342 of title 5, United States Code."
While there are certainly consitutional issues that I've written about here, statutory preemption is the cleanest way to rule on the plaintiffs' challenge and the likeliest path to fast settlement of appeals. From my perspective, W-appointed Judge England did a fantastic job in the hearing and was well-prepared, and didn't come across as political at all. Pretty good for a McGeorge grad.
That's a joke, as I have the highest regard for many McGeorge alums, but have to keep the cross-Causeway rivalry alive. It's football season so it's also time to dust off those rivalries with the Cal Poly SLO Mustangs (10/12) and Sac State Hornets (11/12). Go AGS!
Some folks have asked what the forthcoming federal preliminary injunction does to the writ of mandate filed with the Supreme Court of California. In short, it makes the state case moot because of federal preemption. While that case has been briefed, I don't see the seven California justices wanting to take up the state constitutional issues when federal courts are finding the narrowest possible route to enjoin SB 27.
Meanwhile, I am back to MacBook keyboard problems. For the Nooner newbies, over last winter, my trusted MacBook had an "E" key that regularly popped off while typing. Since that 'puter was out-of-warranty, four years old, and had non-working USB ports, I got a new MacBook in February.
She's been great. She likes her role in the podcast, never worries about how her hair looks, and "green room" demands are minimal. However last week, yes that last week, her "R" key started doing what her predecessor's "E" key was doing. Because after all last week was such a great time to throw a protest.
Anyway, it's a known problem and Apple is doing a complete redo of its keyboard design for the next generation of MacBooks. I know how many Nooner readers haul around beloved MacBooks. If you have the problem, it is a known problem. Apple Store appointments online can appear scarce. However, if you use the online support chat for this problem, which is considered a priority fix, the customer support person has the ability to see other appointments.
When you get to your appointment, they might start by saying 5-7 days to send out, as the entire keyboard face will be replaced. If you tell them that it's your primary computer, they might say that it could be done at the store in 3-5 days. If you say that the Governor is a regular reader, the turnaround may be 1-2 days. Today is day 2, and we'll see if I get the notification that it's ready.
Meanwhile, I'm back on the retired one that still doesn't have a functioning "E" key my Bluetooth keyboard is dead and I can't find its cable amidst the cold spaghetti that is my cord collection. So if I writ som sntncs missing som lttrs, you hav bn warnd.
You may ask how I typed all those "E"s above. I ish you not, copy-and-paste, including separate ones for capitals. It's like touch-typing duct tape. For every "e," it's all Cmd->V this morning. Unfortunately, all of my passwords use an "E" in twelve variations and paste doesn't work for that!
For now, Alexa, play "Keep on Rollin'" by Limp Bizkit and please, Apple, get that work done today!
After the west face of the Capitol has been covered by scaffolding and a huge white tarp for a couple of weeks, the north and south faces now have fencing and scaffolding. I'm told its minor maintenance work on the historic building unrelated to the eventual reconstruction of the Annex where the Gov, LG, and most legislators and staff work.
In seeing this, the common refrain from people around the Capitol is "Why wasn't this done a couple of weeks ago before the protests got out of hand?"
NEWS AFTER THE JUMP...
ISSA ISSA BABY: All right, stop. Investigate and listn. Issa is back with a brand new position. Or not?
Yesterday, former congressman Darrell Issa finally got a hearing in Senate Foreign Relations for his appointment as director of the United States Trade and Development Agency, but not all went as planned. Ranking member Bob Menendez (D-New Jersey)--the NJ senator not named Booker--raised concerns about the background report provided to committee leadship. Politico's Marianne Levine reports:
"At a Senate Foreign Relations Committee hearing, Menendez told Issa he had significant concerns about the California congressman’s FBI background file and warned members could find the information “potentially disqualifying for Senate confirmation.”
But Issa fired back in an interview after the hearing and claimed Menendez was trying to relitigate wrongdoing from when the congressman was a teenager.
“Sen. Menendez in open hearing refused to settle for asking me questions from that briefing ... and in fact was alleging that I was not qualified because of things that he saw in my record from when I was 17 years old,” Issa said.
He added that the information Menendez is referring to is not new, and available on his Wikipedia page. News outlets reported that the issue had to do with a fake ID Issa once used."
Of course, there is a big question of whether Issa still wants the Trade job. Over the last year, trade discussions are run by a tight White House circle and many conservative free market advocates are not happy. Issa made his fortune selling that annoying Viper car alarm, which was likely made in China.
The trade job isn't all that fun these days when policy is declared over Twitter and appointees are left to explain/implement via clean-up on Aisle Trump. And, if Trump isn't re-elected next year, the appointed post is only for 16 months.
Issa really wants a House member pin again, even if it's likely the Dems keep the majority after 2018. He didn't run for re-election to his CA49 last year because the district has been changing and he correctly saw that it woul be tough. He is waiting for embattled Congressman Duncan Hunter to resign or announce that he won't seek re-election. Hunter is likely going to prison for campaign finance fraud that his wife has already pled to and has agreed to testify against her husband.
To the dismay of the National Republican Congressional Committee, Hunter won't step aside and his trial has been punted to January, after the 2020 filing deadline this December. The leading candidate right now is former San Diego councilman Carl DeMaio (R) but he's an unknown quantity to the DC crowd. While Issa has baggage, he's a known quantity to DC, won election consistently in the changing CA49, and his personal wealth means that he likely wouldn't need national committee assistance for a bid.
Both parties play the "let a jury of his peers decide" stance unless it's a truly heinous allegation. I'm willing to bet Hunter will not be serving in the 117th Congress but how it plays out is unknown, and lots of folks are in limbo.
DON'T BAIL ON MONEY BAIL, BRO': As you likely know, the bail industry has qualified a referendum for November 2020 to repeal last year's SB 10 (Hertzberg) that replaces cash bail with pre-trial risk assessment. The industry, which goes well beyond the storefronts that surround county jails and to big finance players who write the actual bonds, thought that the qualified referendum would be enough to force the Legislature back to the table in 2018. However, the influential author Robert Hertzberg (D-Van Nuys) was in no mood to play this year.
While the referendum has already qualified, the industry is back with a different strategy of an initiative constitutional amendment to establish money bail as a state constitutional right. The referendum only repeals SB 10 but doesn't stop future state or local attempts (as San Francisco is trying) to eliminate money bail, whereas a consitutional amendment would. This, the industry hopes, will get the Legislature back to the table before the November 2020 election.
The title and summary issued yesterday for the initiative constitutional amendment requires 997,139 valid signatures by March 17. While the bail industry has deep pockets, there is plenty of cash on the reform side to foretell a big showdown on a referendum and initiative next November.
Okay, I've had it CMD-V'ing to get an "E" every time I need one. I'm going to call it a day, get in a fetal position, and cross my fingers that Apple calls soon to say my 'puter has been fixed.
AB 5 (Gonzalez): Worker status: employees and independent contractors. Now that AB 5, the hard-fought legislation to address the Supreme Court of California's decision in Dynamex Operations West Inc. v. Superior Court of Los Angeles, has been approved by the Legislature and signed by Governor Newsom, Judy Lin and Ben Christopher for CalMatters look at what's next. They write:
"While the bill is at once potentially transformative, it is also filled with complications and pitfalls, said Stanford law professor William Gould, a former National Labor Relations Board chairman. Uber, Lyft and DoorDash have put $90 million toward seeking an end run around it. In his signing statement, Newsom alluded cryptically to what may be an Achilles’ heel in the legislation: the fact that, however California regards its 200,000-plus gig workers, the federal government still categorizes them as freelancers.
And it remains to be seen whether unions, even in California, can turn a paper victory into a meaningful labor movement that results in more private-sector members."
As I've written many times, we're still in preseason on this fight. Lots of Dems who cautiously put aye votes up last week aren't satisfied with the outcome of AB 5, which is essentially is Dynamex with exemptions for certain job classifications. Some requested exemptions for local constituencies but did not receive them while others felt insulted by receiving only temporary exemptions that seemed to have been picked through a lottery bin tumble, such as the one year exemption for contracted newspaper carriers, three years for owner-operator commercial fishermen, and two years for manicurists.
At the end, AB 5 was seen as an up-or-down vote on organized labor by Democrats. No Democrats voted against the bill on the Senate Floor. On the Assembly Floor on concurrence in Senate amendments, only Adam Gray (D-Merced) cast a "no" vote among Democrats. That didn't mean at all that folks left without a sour taste in their mouths.
LEGISLATOR VIDEO PROFILES SERIES: For CalMatters, multi-media journalist Byrhonda Lyons has launched a video series profiling California lawmakers, and appropriately starts with Lorena Gonzalez (D-San Diego).
CAN'T GET NO VACCINATION (unwarrented medical exemptions): The Daily Journal's Malcolm Maclachlan tweets "Judge Shelleyanne Chang moves restraining order hearing by Sen. @DrPanMD against anti-vaccine activist Kenneth Austin Bennett to Nov. 15 pending Bennett's Oct. 23 hearing for misdemeanor battery. Bennett shoved Pan in Aug. 21 incident streamed on Facebook. TRO remains in place."
Okay, I've had enough CMD-V'ing to get an "E" every time I need one. I'm going to call it a day, get in a fetal position, and cross my fingers that Apple calls soon to say my 'puter has been fixed.
CAKEDAYS and CLASSIFIEDS after the jump...
CAKEDAY: Happy birthday to Beth Broome, Steve Maviglio, and Jennifer Sosa! And, I missed one yesterday...light the belated candles for Al Barlevy!