Did California lawmakers ride to Lance Armstrong’s aid?

Less than a week after the United States Anti-Doping Agency banned cyclist Lance Armstrong for life for allegedly using performance-enhancing drugs, 23 California lawmakers sent a letter to the state’s two U.S. senators urging them to conduct a “comprehensive review of the organization.” While never mentioning Armstrong by name, the letter raises concerns that “the USADA has unilaterally changed the rules by which athletes who have never failed a drug test are prosecuted.”

The letter was signed by 23 state lawmakers, both Democrats and Republicans.

“We respectfully ask that you … conduct a comprehensive review of USADA’s operations and finances,” the letter continued.

In an interview with Times reporter Lance Pugmire, the wife of one of Armstrong’s former teammates suggested the letter was a product of Armstrong’s political connections aimed at destroying the reputation of his enemies.

"He had political connections, from the president of France trying to shut down a drug lab, to the head of the criminal division of the Department of Justice, to those in the California Legislature who wanted to review USADA's funding after the report,” said Betsy Andreu, wife of cyclist Frankie Andreu.

Armstrong’s interview with Oprah Winfrey, in which he reportedly confesses to doping, will air on the Oprah Winfrey Network on Thursday and Friday.

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--Anthony York in Sacramento

Photo: Lance Armstrong in 2011. Credit: Getty Images

Feinstein reelected, Associated Press reports

San Francisco Democrat Dianne Feinstein has won reelection to the U.S. Senate,  defeating Republican autism activist Elizabeth Emken of Danville, according to the Associated Press.

California’s senior senator, Feinstein is expected to gain more clout in the next Congress, moving up in seniority as a result of Senate retirements.

The former San Francisco mayor was first elected to her office 20 years ago and currently is chairwoman of the Senate Intelligence Committee.

LIVE RESULTS: California election | National election

Emken was a relative political newcomer who could not match Feinstein’s multimillion-dollar war chest. But the mother of three, including an autistic son, had the state GOP endorsement.

California Republican Party Chairman Tom Del Beccaro said the party saw in her someone "who would be unafraid of taking Sen. Feinstein on on issues."

Emken wanted to debate Feinstein, but the senator demurred.

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Unions raise nearly $10 million to fight Prop. 32

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Bid to curb union spending gets big Democratic backer

-- Lee Romney in San Francisco

Photo: Sen. Dianne Feinstein, D–Calif.  Credit: Tom Williams / CQ Roll Call

Sen. Feinstein starts statewide TV campaign ad

Democratic U.S. Sen. Dianne Feinstein, facing a little-known, underfunded Republican challenger in the Nov. 6 election, has begun airing a TV ad, her first of the political season.

The positive ad features Feinstein talking about issues at stake in this election.  She touches on a mortgage refinancing plan she has authored and says she supports "investments in research and development, education and transportation, to create good jobs."

And, she promises in the ad, "I'll always support a woman's right to choose and honor our nation's commitment to Medicare and Social Security."

The ad is airing in all the state's major media markets, said Feinstein's campaign strategist, Bill Carrick.

Feinstein was first elected to the Senate 20 years ago.  She faces autism activist Elizabeth Emken, who has raised just $718,579 to Feinstein's more than $13.7 million, according to the latest reports on file with the Federal Election Commission.

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-- Jean Merl

Photo: Sen. Dianne Feinstein in April.  Credit: Rich Pedroncelli/Associated Press

State PTA chief responds to Feinstein, Boxer on Prop. 38

One day after receiving a scolding letter from California's two U.S. senators and top legislative Democrats, the head of the California State PTA, a chief backer of Proposition 38, has fired off a letter of her own.

Addressing the letter to Sens. Dianne Feinstein and Barbara Boxer, along with Assembly Speaker John A. Perez and Senate leader Darrell Steinberg, PTA President Carol Kocivar stopped short of an iron-clad pledge to not mention a rival tax measure backed by Gov. Jerry Brown and top Democrats as part of the Yes on 38 campaign. But she assured the nervous Democrats that the focus of the Proposition 38 campaign would be on policy.

"I can assure you that California State PTA will continue to advocate on behalf of all children in a manner that is mutually respectful and aimed at educating voters in a constructive, fact-based manner about the vital policy issues and solutions presented by the initiatives," she wrote.

That said, Kocivar did point out some perceived hostilities to Proposition 38 from Gov. Jerry Brown's camp.

"Some supporters of Proposition 30 are formally and actively opposed to Proposition 38. Some even formed a political committee and also submitted ballot arguments against Proposition 38 and testified publicly against Proposition 38," she wrote. "Perhaps a good first step in creating a positive environment is to urge supporters on both sides to agree not to formally and actively oppose each other's initiatives."

Ballot arguments against Proposition 38 were signed by officials of the California State Sheriffs' Assn. and the California Medical Assn., both major backers of Proposition 30. A No on 38 fundraising committee has been set up by Democratic consultant Jason Kinney, who counts Steinberg as a client.

Although little money has materialized to formally oppose Proposition 30, backers of Brown's tax measure fear the Proposition 38 campaign, which has the financial backing of attorney Molly Munger, could drag down support for the governor's initiative.

Early messaging from the Yes on 38 campaign is rooted in a critique of Sacramento politicians. Proposition 30's backers view a well-funded campaign drawing strong comparisons between the two measures, and fanning voter distrust of state lawmakers, as a major political threat.

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-- Anthony York in Sacramento

Sens. Dianne Feinstein, Barbara Boxer call for tax campaign truce [updated]

California’s two U.S senators don’t like what they’re seeing from the Proposition 38 campaign.

Sens. Dianne Feinstein and Barbara Boxer sent a letter to the head of the California State PTA, the sponsor of Proposition 38, imploring them to stop what they call “personal attacks against Gov. Jerry Brown” that they fear could sink the governor’s tax measure, Proposition 30.

Proposition 38, which has been financed by wealthy Pasadena attorney Molly Munger, seeks to raise income taxes across the board to help raise money for schools. Brown’s measure uses a mix of taxes on the wealthy and sales to raise money that would be used to close the state’s chronic budget gap.

"We have watched the campaign for Prop. 38 become increasingly negative ..." the Senators wrote in a letter, co-signed by Assembly Speaker John A. Pérez (D-Los Angeles) and Senate leader Darrell Steinberg (D-Sacramento). "These attacks should stop."

The letter calls for Proposition 38’s proponents to adopt a "positive campaign compact" in which “the two campaigns would refrain from directly attacking or referring to the other. We have spoken with Gov. Brown, and he will strongly support this.”

[Updated, 4:14 p.m., Aug. 16: The Yes on 38 campaign said it would not make any changes to its  campaign because of the senators' letter. "Prop 38 will help California's public schools more than any other measure on the ballot,"  said campaign spokesman Nathan Ballard, "and we won't shy away from communicating about that fact in a civil, respectful manner.]

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Bills to limit lawmakers' gifts and give Olympians tax breaks are shelved

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-- Anthony York in Sacramento

Feinstein challenger Emken wants to debate

Behind in the polls and even farther behind in fundraising, autism activist Elizabeth Emken, a Republican, on Monday challenged U.S. Sen. Dianne Feinstein (D-California) to  a series of debates across the state.

In a letter to Feinstein, who is seeking her fourth full term in November, Emken proposed “statewide televised debates that would focus on regional issues.” She suggested debating water issues in the Central Valley, jobs and economic matters in the Inland Empire and education topics in Los Angeles, among others.

Emken's campaign staff announced the debates proposal during a telephone news conference with reporters, shortly after a California Field Poll released over the weekend showed Feinstein leading Emken 51% to 32% among registered voters.

Former California Republican Party Chairman Ron Nehring, who recently joined the Emken campaign as senior strategist, said he was “thrilled” with the poll. He said he had expected Feinstein  to do better, given her high name recognition, robust campaign treasury and other "advantages." 

“She’s doing better than most of the elected officials in this country,” said Feinstein consultant Bill Carrick, who dismissed Emken’s debate challenge as a gimmick of a troubled campaign.

“This is what you do when you’re  down 19 points in the polls and when you have $23,000 cash on hand” and have racked up considerable campaign debt, Carrick said.

Campaign finance records show Feinstein had more than $2.6 million in the bank at the end of the latest reporting period, while Emken had $23,669.

The Emken campaign acknowledged it has  a steep hill to clim,b and Nehring said it would be counting heavily on “earned media”— news stories — to boost the candidate’s low name recognition among voters. It also plans to tap into voters’ dissatisfaction with Washington and Democrat-controlled state government.  

Only one in three voters knew enough about Emken to have an opinion of her, the Field Poll found, while 88% were familiar enough with Feinstein to do so.

Although the California Republican Party has endorsed Emken, it remains unclear how much that will help. As of Monday she had not yet been scheduled to speak at  the party’s state convention next month, but campaign officials said the schedule still was being worked on.

One-on-one  debates between the two women are unlikely, Carrick said. Feinstein almost certainly will be busy in Washington until  “deep into October” and, once Congress adjourns, will be busy “talking with voters,” not Emken.

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Campaign treasurer Durkee admits $7-million theft

Campaign treasurer Kinde Durkee to have sentencing delayed

-- Jean Merl

Photo: Susan Emken, left, and Dianne Feinstein. Credit: Emken campaign and Associated Press

Campaign treasurer Kinde Durkee to have sentencing delayed

Campaign treasurer Kinde Durkee will have to wait a little longer to learn her fate for stealing more than $7 million in political funds from at least 50 clients, including U.S. Sen. Dianne Feinstein.

Durkee, who pleaded guilty in March to five counts of mail fraud, was scheduled to be sentenced June 20 in federal court, but her attorney and federal officials have agreed to delay the sentencing until Oct. 10.

"Based on the complexity of this case, all parties have agreed to a continuation of the judgment and sentencing,'' wrote Linda Alger, a senior United States probation officer, in a memo to the clerk of U.S. District Judge Kimberly J. Mueller. The judge approved the continuance.

Alger and prosecutors are still trying to determine the full extent of the embezzlement scheme as part of their determination of how many years Durkee should spend behind bars. A preliminary proposal would have her go to prison for 11 years and three months.

U.S. Atty. Benjamin B. Wagner said at the time of her guilty pleas that the theft appears to be the largest embezzlement scheme ever by a campaign treasurer. He said Durkee may have stolen as much as $10 million, diverting funds from campaign accounts to pay for meeting her business payroll, making mortgage payments on her house, trips to Disneyland and buying Baskin-Robbins ice cream.

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-- Patrick McGreevy in Sacramento

Photo: Kinde Durkee controlled funds for numerous politicians, most of them in the Democratic Party.
Credit: Henry Vandermeir / California Democratic Council via Associated Press

Emken will take on Sen. Dianne Feinstein in fall

Danville autism activist Elizabeth Emken squeaked past 22 other challengers to U.S. Sen. Dianne Feinstein (D-Calif.) on Tuesday and will face the popular, well-financed lawmaker  in November.

None of the aspiring Feinstein challengers -- 14 Republicans, five Democrats and members of four minor parties -- had much money or name recognition except Laguna Niguel dentist and lawyer Orly Taitz, who earned a measure of fame from her attempts to show that President Obama was not born in the United States.  

LIVE RESULTS: California primary

Emken won backing from the state GOP and from several of the state's Republican  elected officials and made campaign stops throughout the state. She had raised the most money of any of the challengers, a little more than $300,000, federal records showed.

Feinstein, who is seeking her fourth full term in a state where Democrats outnumber Republicans 44% to 30%, with 21% of voters unaffiliated, had raised more than $9 million.

While Feinstein is expected to win handily in the fall, a challenger who makes a reasonably strong showing could build name recognition and credibility for a future race.

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 -- Jean Merl

Photo: Voters cast their ballots in voting booths in Venice in 2010. Credit: Luis Sinco / Los Angeles Times

Julia Brownley backed by national Democrats

If there was ever much doubt that Assemblywoman Julia Brownley is the choice of national Democratic leaders for an open Ventura County congressional seat, recent campaign developments should have pretty much erased it.

Late last week, the House Majority PAC, which is raising and spending money to elect Democrats to Congress, began running a cable television ad supporting Brownley, a Democrat who moved from Santa Monica to Oak Park for the race.  The group spent about $156,000 on the ads, which are scheduled to run for a week.

On Tuesday, California’s two U.S. senators, both Democrats, announced they were endorsing Brownley.  Sen. Dianne Feinstein called Brownley “a champion for education in California.”  Sen. Barbara Boxer said Brownley  could be counted on “to protect California’s environment, women’s health and Medicare for our seniors, which have been under unprecedented attack by the extreme right.”

There are three other Democrats in the race—Realtor/entrepreneur/CEO Albert Maxwell Goldberg, Oxnard Harbor Commissioner Jess Herrera and independent small businessman David Cruz Thayne.

Republicans have rallied around state Sen. Tony Strickland  of Moorpark.  Ventura County Supervisor Linda Parks, who switched her registration from Republican to decline-to-state, also is on the ballot.

The newly drawn 26th Congressional District has been targeted by both major political parties. Democrats hold a slight registration edge over Republicans, 40%-36%, with 19% of voters unaffiliated with any state-recognized party.

The two-top finishers in the June 5 primary, regardless of party, will advance to the November general election.

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--Jean Merl

Photo: Democratic Assemblywoman Julia Brownley confers with Assemblyman Gil Cedillo (D-Los Angeles) last year. Credit: Rich Pedroncelli / Associated Press

 

Sen. Feinstein calls on state to curb 'abusive lawsuits' over ADA

Sen. Dianne Feinstein (D-Calif.) has written to the leader of the California Senate, calling for the state to adopt legislation that would curb what she calls abusive lawsuits filed by private attorneys against small businesses for minor violations of disabled-access laws, and warning that if the state doesn’t act, she will.

Feinstein said some attorneys are filing "abusive lawsuits," and "coercive demand letters" to force small businesses to pay thousands of dollars over often-minor noncompliance with the federal Americans With Disabilities Act and the state Unruh Civil Rights Act.

"The shakedown tactics used by these lawyers may place a financial strain on businesses and counterproductively leave them unable to afford to make required access improvements,'' Feinstein wrote.

 She noted that in Redlands, 22 businesses were sued by the same attorney for allegedly failing to post a sign next to the handicapped parking spaces that informed parking violators they would be towed. The business owners settled the cases in amounts ranging from $5,000 to $14,000, Feinstein wrote.

Feinstein said she is eager for a state solution, but warned state Senate President Pro Tem Darrell Steinberg (D-Sacramento), "I will consider introducing legislation in the U.S. Senate if this problem cannot be solved by the California State Legislature.''

Steinberg wrote back that the California Legislature shares her concerns and approved a measure in 2008 that helps businesses come into compliance and makes it tougher to sue. The state leader disputed Feinstein’s contention that SB 1186 by state Sen. Bob Dutton (R-Rancho Cucamonga) is a possible answer. The bill would require those seeking disabled access to first notify the business of a violation, and then give it 120 days to correct the problem, during which time the firm could not be sued.

"The disabled rights community, along with other civil rights communities, objected strongly to any 'right-to-cure' law that would allow longstanding ADA and Unruh Civil Rights violations to continue uncorrected until there is a notice of violation, and then relieve the business of any liability for that violation if the violation is corrected in the allotted cure period," Steinberg wrote.

Dutton is "very encouraged'' to have the backing of a powerful Democrat, said spokeswoman Jann Taber. "It validates that there is abuse,'' she said.

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--Patrick McGreevy in Sacramento

Photo: Sen. Dianne Feinstein is demanding that state officials do something about lawsuits against small businesses over disabled access. Photo credit: Mandel Ngan AFP/Getty Images