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Hey Jerry Brown: Time To Investigate The Yacht Party

by: David Dayen

Fri Feb 06, 2009 at 13:47:11 PM PST


Two months ago I wrote about how Mike Villines' threats on the budget were illegal under Section 86 of the California Penal Code:

86.  Every Member of either house of the Legislature, or any member of the legislative body of a city, county, city and county, school district, or other special district, who asks, receives, or agrees to receive, any bribe, upon any understanding that his or her official vote, opinion, judgment, or action shall be influenced thereby, or shall give, in any particular manner, or upon any particular side of any question or matter upon which he or she may be required to act in his or her official capacity, or gives, or offers or promises to give, any official vote in consideration that another Member of the Legislature, or another member of the legislative body of a city, county, city and county, school district, or other special district shall give this vote either upon the same or another question, is punishable by imprisonment in the state prison for two, three, or four years and, in cases in which no bribe has been actually received, by a restitution fine of not less than two thousand dollars ($2,000) or not more than ten thousand dollars ($10,000) or, in cases in which a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or two thousand dollars ($2,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or ten thousand dollars ($10,000), whichever is greater.

It appears that the California Labor Federation includes some readers.  Yesterday, they sent a letter to the Attorney General calling for an investigation into illegal vote-trading.

The charge by leaders of the California Labor Federation, State Building and Construction Trades Council, Sierra Club California and the Planning and Conservation League stems from reports that Republican legislative leadership are withholding their votes on a state budget as they attempt to extract votes on policy matters unrelated to the budget.

"Republicans are holding the state budget hostage in a shameful attempt to gut vital workplace and environmental standards that have absolutely nothing to do with the budget," said California Labor Federation Executive Secretary-Treasurer Art Pulaski. "These actions aren't just unconscionable, they may be criminal."

According to a release from the California Labor Federation and the Sierra club there are several examples of actions that may be in violation of California Penal Code.

"Specifically, (Republican leaders) have demanded that legislators vote for proposals to weaken labor and environmental standards as a condition for any 'aye' vote from Republican caucus members on the overall budget," the letter states.

According to the release, "This conduct appears to violate Penal Code Section 86, which prohibits any legislator from offering to give his or her vote in exchange for another legislator's vote on the same or a different matter."

Some would call this the criminalization of politics, but in this state, politics is too often a criminal enterprise, and it's high time somebody was taught a lesson.  Like the Yacht Party.  

AG Brown should do this.  There's already a Facebook group set up; I urge you to join it.  End the Blagojevich-ization of the California legislature.

David Dayen :: Hey Jerry Brown: Time To Investigate The Yacht Party
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bribery (0.00 / 0)
  Much as I would like all the Republicans locked up (in one of their overcrowded prisons with no health care), prosecution here is a bad idea.  The idea of a bribe is that you are taking money as a personal reward for a vote (or the equivalent), not for voting for something for idealogical reasons.

 Incidentally, I think people need to read between the lines on whats going on in Sacramento.  The Reps will not agree to a tax increase unless it is associated with a budget cap, which, if it fails, would require the state to refund the tax increase.  The Dems can't agree to this, as it would mean another decade of disaster before it is repealed.  Therefore, the "budget vote" Steinberg is talking about will consist of the legislature sending the majority vote fee increase back to Schwartz, possibly with some sweetners.  At that point the Legislature will just go home
with the ball in Schwartz's court.

 My gut feeling is he will sign it (with some face-saving changes--such as waving EIRs on some freeways).  This will bring up a court challenge which will fail (the courts would be committing suicide if they reverse it).  Now, this takes us into the next fiscal year's budget.  The Reps will refuse to vote for any budget--but, since we should have qualified our 2/3rds to majority initiative by then and majority rule fee increases are legal, Schwartz will call a special in September and the 2/3rds will be changed to a majority and the Legislature will pass the budget.

 I'm not saying this will happen, but it is the most likely outcome at this point.


pure conjecture (0.00 / 0)
on your part, thanks to the cone of silence.

As for the bribery angle, the statute is pretty clear.  Read it again.  Promising a vote in exchange for a vote is against the law.  It may be "the way things work," but the way things work happens to be illegal.  


[ Parent ]
. (0.00 / 0)
The budget is the only thing CA Dems even need to try getting GOP support for. The rest of the year is horsetrading entirely within the Dem. caucus. In a world that took this hooey remotely seriously, they'd be the ones getting the brunt of this.

Of course, what would really happen is the AG would find himself in control of the legislature.

Of course, what would really really happen is an immediate and unanimous amendment of the statute.

But it isn't, so it won't, anyway. Feh.

Disclosure: I'm awesome.


[ Parent ]
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