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The Lies That Should Have Sunk Kavanaugh

Co-published by Newsweek
“Is he threatening the Democrats?” asks former Congresswoman Elizabeth Holtzman about Brett Kavanaugh. “Is he threatening people who oppose his nomination? We don’t need a Supreme Court justice who is going to use his position to get revenge.”

Bill Raden

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Photo by Drew Angerer/Getty Images

Co-published by Newsweek

 

Only the shaken confidence in Brett Kavanaugh by three senators stands in the way, Saturday, of the Supreme Court nominee’s lifetime appointment to the nation’s highest court. Republicans Jeff Flake and Lisa Murkowski, and Democrat Joe Manchin, will have little more on which to base their votes than the words of Kavanaugh himself versus those of his various accusers.

Below are six of the main lies Kavanaugh is accused of telling under oath, followed by a discussion with three legal experts on his behavior. The feature ends with a list of 13 other alleged lies, with thanks to GQ, the New York Times, Vox, the Washington Post, and Current Affairs.

1. May 9, 2006, SJC nomination hearing to the DC Circuit Court of Appeals, response to Senator Richard Durbin (D-IL) and the late Senator Ted Kennedy (D-MA), again about his knowledge of the “Memogate” emails.

“I’m not aware of the memos, I never saw such memos that I think you’re referring to. I mean, I don’t know what the universe of memos might be, but I do know that I never received any memos and was not aware of any such memos.”

Distance from the Truth: Kavanaugh made the denial under oath multiple times to committee members. Senator Patrick Leahy (D-VT), however, recently posted confidential emails on Twitter that he says were in Kavanaugh’s possession, proving his previous denials are, Leahy wrote, “just FALSE!”

2. May 9, 2006, SJC hearing on Kavanaugh’s nomination to the DC Circuit Court of Appeals, response to Senator Durbin (D-Ill.) about the judicial nomination of William Haynes, the Pentagon’s director of torture policy during the George W. Bush administration.

“I was not involved and am not involved in the questions about the rules governing detention of combatants or—and so I do not have the involvement with that.”

Distance from the Truth: Kavanaugh has since been doubly implicated, both in significant involvement with Haynes’ judicial confirmation for Bush and in having a hand in Bush detention and interrogation policies. Newly discovered emails from 2002 prove the former, Senate Democratic Whip Dick Durbin (D-IL) charged last month, and “show that Kavanaugh played a substantial role in the decision to nominate Haynes.”

3. September 27, 2018, Senate Judiciary Hearing, on explaining partying activities during the summer of 1982.

I never attended a gathering like the one Dr. Ford describes in her allegation.”

Distance from the Truth: Both Kavanaugh’s later testimony and his personal calendars detail attending parties throughout the period of the alleged assault, uncannily similar to the one Christine Blasey Ford describes.

4. April 27, 2004, SJC confirmation hearing of Kavanaugh to the DC Circuit Court of Appeals, response to Senator Orrin G. Hatch (R-UT) on whether as Associate White House Counsel he had direct knowledge of Memogate memos stolen from Democrats on the Judiciary Committee and leaked to the White House.

“No. Again, I was not aware of that matter in any way whatsoever until I learned it in the media.”

Distance from the Truth: Kavanaugh made the denial under oath multiple times to committee members. Senator Patrick Leahy (D-VT), however, recently posted confidential emails on Twitter that he says were in Kavanaugh’s possession, proving his previous denials are, Leahy wrote, “just FALSE!”

5. September 27, 2018, Senate Judiciary Hearing, denying a New York Times report that “Renate alumnius” [sic] on his yearbook page was a sexual boast.

“That yearbook reference was clumsily intended to show affection, and that she was one of us…It was not related to sex.”

Distance from the Truth: Sean Hagan and three other former Georgetown Prep students counter that the reference was intended as degrading, albeit unsubstantiated. “So angry. So disgusted. So sad. Integrity? Character? Honesty?” Hagan posted on Facebook after the testimony.

6. September 27, 2018, SJC hearing, response to Senator Amy Klobuchar (D-MN) about whether he “drank so much that you didn’t remember what happened.”

“But I did not drink beer to the point of blacking out… Passed out would be—no, but I’ve gone to sleep, but—but I’ve never blacked out.”

Distance from the Truth: Former Yale freshman roommate James Roche: “I saw him both what I would consider blackout drunk, and also dealing with the repercussions of that in the morning.”

 

Capital & Main asked congressional committee veterans and a former federal prosecutor to examine Kavanaugh’s September 27 testimony, as well as additional statements flagged by journalists as probable Kavanaugh mistruths. They were asked if the nominee’s character, temperament and credibility under fire warrant his elevation to the Supreme Court.

Former assistant U.S. attorney Nick Akerman

“[Kavanaugh] came out with an opening statement that basically tried to take away the committee’s ability to really cross examine him,” says trial lawyer and former assistant U.S. attorney Nick Akerman. “Because, I think, he realized that if he left himself open to being questioned by committee members and open-ended cross examination, he’d wind up getting himself into trouble — exactly as he did.”

Akerman cut his prosecutorial teeth in the 1970s with the Watergate Special Prosecution Force under Archibald Cox and Leon Jaworski. Any kind of “he said, she said” equivalence between Blasey Ford and Kavanaugh during the hearings, Akerman argues, quickly foundered on the wealth of persuasive detail in Blasey Ford’s account that was made even more compelling when it dovetailed with the personal calendar that Kavanaugh introduced as supposedly exculpatory evidence.

“I don’t think Kavanaugh realized what he was doing,” Akerman says. “I mean, the fact that he tried to keep [the possible party date] to a weekend as opposed to a weekday during the summer is a bit ridiculous. There’s just enough little details in there that when you start adding them up all point towards him lying. This is somebody who should not be on the U.S. Supreme Court.”

Former Rep. Elizabeth Holtzman

When Akerman was building cases against all the president’s men, Elizabeth Holtzman was holding Richard Nixon accountable for his abuses of executive power and for flouting the Constitution. As a first-term congresswoman from New York City serving on the House Judiciary Committee, she cast key impeachment votes against Nixon. Like Akerman, Holtzman also notes the contradictions around Kavanaugh’s interpretation of the calendar in his testimony, but what really stands out to her is how loosely, she says, Kavanaugh plays with facts.

“First of all, there was no left-wing conspiracy,” she says. “If you listen to Dr. Blasey Ford, you know that she was a very reluctant witness, and this was not an effort to undo a conservative appointment; it was to let people know about what he had done. … His claim that there was no corroboration also wasn’t true. Because there is corroborative testimony — testimony that she gave about her therapist, that she told the therapist, that she told her husband; there may be other people that she told.”

Kristine Lucas, Leadership Conference on Civil and Human Rights

Kristine Lucius, executive vice president of policy for the Leadership Conference on Civil and Human Rights, which opposes the nomination, has been through her share of confirmation fights. But her experience as the legal and policy adviser to the former Senate Judiciary Committee chair, Democrat Patrick Leahy of Vermont, did not prepare her for what played out at last week’s hearing.

“What we saw in Brett Kavanaugh’s testimony was someone belligerent and vindictive, and threatening and partisan,” Lucius says. “Even setting aside the significant sexual assault allegations, I have real concerns about how the Supreme Court will be viewed if he is confirmed.”

Holtzman also expresses concern on this point.

“He said, ‘What comes around, goes around’ — and that’s a kind of a threat,” Holtzman says. “Is he threatening the people that support Dr. Blasey Ford? Is he threatening the Democrats? Is he threatening people who oppose his nomination? Who is he threatening? We don’t need a Supreme Court justice who is going to use his position to get revenge.”

Lucius recalls past confirmation fights from her time with the Judiciary Committee, when past drug use or a sexual allegation would sometimes surface in her background briefings of a nominee for committee members. What never seemed to emerge was a consistent standard of concern by senators. It was at such moments that she saw confirmation votes as a “decency test” for each individual member.

“This is 100 percent on the shoulders of the senators,” says Lucius. “They are deciding what the standard is going to be for the highest court in the land. And that has as much to do with their institutional role as [it does] their own moral compass.”

Ten More Times Kavanaugh May Have Lied Under Oath

 

1. September 5, 2018, Day 2 of Senate Judiciary Committee hearing, explaining a dissent that compared the majority’s upholding of a DC ban on assault weapons “to a ban on a category of speech.”

Under Oath:

“I grew up in a city plagued by gun violence and gang violence and drug violence.”

Distance from the Truth: Kavanaugh grew up as an only child in Bethesda, Maryland, one of the country’s most elite communities, whose homicide rate was 2.1 deaths per 100,000 from 2009 to 2015.

2. September 27, 2018, Senate Judiciary Committee hearing, explaining to Senator Sheldon Whitehouse (D-RI) what “boofed” means in Kavanaugh’s yearbook entry, “Judge — have you boofed yet?”

Under Oath:

“That refers to flatulence. We were 16.”

Distance from the Truth: “Anal sex,” insisted Georgetown Prep classmates of the slang’s meaning, interviewed prior to Kavanaugh’s testimony. None had ever heard it referring to flatulence.

3. September 27, 2018, Senate Judiciary Committee hearing, to Senator Whitehouse’s question of what “Devil’s Triangle” on Kavanaugh’s yearbook page referred to.

Under Oath:

“Drinking game.”

Distance from the Truth: For most people, this is teen argot for group sex between two men and one woman.

“The explanation of Devil’s triangle does not hold water for me,” said William Fishburne, who managed the Georgetown Prep football team while Kavanaugh was a senior, to the New York Times.

4. September 27, 2018, Senate Judiciary Committee hearing, to Senator Whitehouse’s question about another Kavanaugh’ yearbook entry: “Beach Week Ralph Club — Biggest Contributor.”

Under Oath:

“I’m known to have a weak stomach.”

Distance from the Truth: Beach Week was a party week for Georgetown Prep kids. Yale roommate James Roche recalls Kavanaugh “frequently drinking excessively and becoming incoherently drunk”; roommate Kit Winter remembers “a lot of vomit in the bathroom. No one ever cleaned it up. It was disgusting. It wasn’t incidental. It wasn’t, ‘Oh, this weekend someone puked in the bathroom.’ People were constantly puking in the bathroom. Constantly.”

5. September 27, 2018, Senate Judiciary Committee hearing, to Republican staff counsel Rachel Mitchell, on whether he consumed alcohol in high school.

Under Oath:

“I liked beer. Still like beer. We drank beer. The drinking age, as I noted, was 18, so the seniors were legal. Senior year in high school, people were legal to drink, and we — yeah, we drank beer, and I said sometimes, sometimes probably had too many beers.”

Distance from the Truth: Technically correct … for Maryland; not so for Kavanaugh. In July of 1982, seven months before he turned 18, the state raised the legal drinking age for beer and wine from 18 to 21. Those who were 18 or older at the time were “grandfathered” in, so they could continue to drink legally. Those like Kavanaugh, who didn’t turn 18 until the following February, had to continue illegally.

6. September 27, 2018, Senate Judiciary Committee hearing, on his recollections of Christine Blasey Ford.

Under Oath:

“She and I did not travel in the same social circles.”

Distance from the Truth: During the spring and summer of 1982, Ford testified she was dating a friend of Kavanaugh’s nicknamed “Squi,” who appears more than a dozen times on Kavanaugh’s calendar of social events.

7. September 27, 2018, Senate Judiciary Committee hearing, commenting on the veracity of Ford’s testimony.

Under Oath:

“Dr. Ford’s allegation is not merely uncorroborated, it is refuted by the very people she says were there, including by a longtime friend of hers.”

Distance from the Truth: Ford identified four people, including Kavanaugh, at the party; the other three participants only said they had no memory of the gathering, and one, Leland Ingham Keyser, told the Washington Post that she believes Dr. Ford’s account.”

8. September 27, 2018, Senate Judiciary Committee hearing

Under Oath:

“The event described by Dr. Ford presumably happened on a weekend because I believed everyone worked and had jobs in the summers. And in any event, a drunken early evening event of the kind she describes presumably happened on a weekend. … If the party described by Dr. Ford happened in the summer of 1982 on a weekend night, my calendar shows all but definitively that I was not there.”

Distance from the Truth: Ford never said when the alleged incident occurred. It’s also not the case that Kavanaugh’s social circle restricted its drinking to weekends in the summer. Judge, Kavanaugh’s friend, wrote in a book about his battle with sobriety that he would often show up to work either hungover or still intoxicated from the night before.

9. September 27, 2018, Senate Judiciary Committee hearing

Under Oath:

“The calendars show a few weekday gatherings at friends’ houses after a workout or just to meet up and have some beers. But none of those gatherings included the group of people that Dr. Ford has identified. And as my calendars show, I was very precise about listing who was there. Very precise.”

Distance from the Truth: One calendar entry is a near-perfect match to the party described in Ford’s testimony. On July 1, Kavanaugh, Mark Judge, Patrick Smyth and the boy Ford says she was going out with were headed to a friend’s house for “skis” — or beer, as Kavanaugh explained in his testimony.

10. September 10, 2018, Senate Judiciary Committee hearing, responding to written questions about direct knowledge of sexual harassment by federal judge Alex Kozinski.

Under Oath:

“I do not remember any such comments.”

Distance from the Truth: Kozinski’s infamous private server containing pornographic photos and his inappropriate conduct were an open secret in the legal community, particularly the circles that included Kavanaugh, who maintained a close relationship with the jurist. Ex-clerk Heidi Bond wrote that “having clerked in his chambers, I do not know how it would be possible to forget something as pervasive as Kozinski’s famously sexual sense of humor or his gag list.”

Kavanaugh’s Misleading Statements
in Fox News Interview

 

September 23, 2018, Fox News interview, on his high school years.

Not Under Oath:

“I went to an all-boys Catholic high school, a Jesuit high school, where I was focused on academics and athletics, going to church every Sunday at Little Flower, working on my service projects, and friendship, friendship with my fellow classmates and friendship with girls from the local all-girls Catholic schools.”

Distance from the Truth: A far cry from the Keg City Club Treasurer — “100 Kegs or Bust” — listed on his Georgetown Prep yearbook page, or with what is described in Wasted: Tales of a Gen X Drunk, high school friend Mark Judge’s memoir.

September 23, 2018, Fox News interview, responding to Debbie Ramirez’s New Yorker claim that a drunk Kavanaugh exposed himself to her in a room of people at Yale.

Not Under Oath:

“If such a thing had happened, it would’ve been the talk of campus. The women I knew in college and the men I knew in college said that it’s inconceivable that I could’ve done such a thing.”

Distance from the Truth: Yale classmate Richard Oh and another anonymous student remember hearing about the incident at the time. Yale roommate James Roche found it entirely plausible that Kavanaugh exposed himself to Ramirez.


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Politics & Government

Big Pharma Bankrolled Pro-Trump Group As Trump Pushed Pharma Tax Cut

In 2017 the Pharmaceutical Research and Manufacturers of America gave $2.5 million to America First Policies Inc. — a major dark money group supporting President Donald Trump’s political and economic agenda.

David Sirota

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The major dark money group supporting President Donald Trump’s political and economic agenda raked in millions of dollars directly from the pharmaceutical industry’s main lobbying group — at the same time Trump backed off his position on a major drug issue and promoted a tax plan that was a windfall for the industry.

The Pharmaceutical Research and Manufacturers of America gave $2.5 million to America First Policies in 2017, according to IRS documents. America First Policies was formed by former Trump advisers in 2017 and proudly touts itself as a pro-Trump organization. The PhRMA money represented more than 10 percent of America First Policies’ revenues in 2017, according to the group’s own IRS filings.

The IRS documents were obtained by MapLight, a nonpartisan group that tracks the influence of money in politics.

While campaigning for president, Trump pledged to take action to generally reduce drug prices and to allow Medicare to negotiate lower prices for prescription medications. He then appointed a former pharmaceutical executive to run the Department of Health and Human Services, and slammed the Medicare negotiation concept after a meeting with pharmaceutical executives.

“I’ll oppose anything that makes it harder for smaller, younger companies to take the risk of bringing their product to a vibrantly competitive market,” Trump said. “That includes price-fixing by the biggest dog in the market, Medicare.”

While Trump has moved to allow limited negotiation in some parts of Medicare, he has rejected the larger policy he campaigned on, leaving it out of his prescription drug proposal released earlier this year.

Trump also passed a tax cut that benefited the pharmaceutical industry, but that has not corresponded with a drop in prescription drug prices. America First Policies launched an ad campaign to promote those tax cuts, and spent the end of the 2018 campaign promoting them. PhRMA also gave $1.5 million to the American Action Network, which aired an ad campaign in support of the tax-cut legislation.


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Immigration

ICE’s Stealth Campaign to Expand Its Budget

The new Democratic majority in the House of Representatives could pose a challenge to the agency’s chronic overspending — and to its aggressive detention and deportation policies.

Robin Urevich

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Photo: DHS/ICE

In June the Dept. of Homeland Security asked Congress to allow it to transfer $200 million to ICE to cover agency overspending, continuing a pattern of such requests.


Big spending on immigration enforcement at the Department of Homeland Security promises to be a major sticking point as Congress prepares to negotiate a budget deal early next month.

Even though illegal immigration to the United States appears to be at its lowest point in 46 years, spending on immigration enforcement is at an all-time high. (The U.S. Border Patrol reported that in 2017, the last year for which statistics are available, apprehensions at the U.S.-Mexico border had dropped to 303,000, and had been declining nearly every year since 2000, when a record 1.6 million people were arrested.)


 By overspending its congressional allocation, ICE is effectively writing its own budget.


U.S. Immigration and Customs Enforcement’s detention operations exceeded the agency’s budget this year, while ICE spending on its vast system of immigration jails shows no sign of slowing.

But a newly elected Democratic majority in the House of Representatives could pose a challenge to the agency’s chronic overspending — and to its aggressive detention and deportation policies.

ICE jailed so many immigrants in 2018 that it ran out of space in its more than 200 lock-ups, and placed 1,600 people in medium-security prisons.

Congress set detention and deportation spending for 2018 at $4.4 billion, enough to detain some 40,520 people annually.

However, by June, 44,000 men and women languished in immigration detention, filling 4,000 more beds than Congress authorized. DHS asked Congress to allow it to transfer $200 million to ICE to cover agency overspending. The department plucked the funds from several of its agencies, including the Federal Emergency Management Agency, the Coast Guard and the Transportation Security Administration.

Critics of ICE say that by overspending its congressional allocation, the agency has engineered a stealth expansion of the U.S. detention system, effectively writing its own appropriation, and skirting the Constitution’s separation of powers in which Congress, not the executive branch, has the authority to set spending limits.


Congressman: “We shouldn’t be using FEMA as a piggy bank to fund detention beds.”


“It allows them to quickly expand the detention system contrary to congressional intent,” said Heidi Altman, director of policy at the National Immigrant Justice Center, a non-profit immigrant rights group.

Such intradepartmental funds transfers aren’t uncommon, but a congressional staffer who asked that his name not be used for this story said this one was controversial because nearly all of the money went to ICE for detention and deportation. ICE has received other big budget increases in the past two years. In March 2017, the agency got a $2.6 billion supplemental appropriation; three months later, ICE was back, requesting that Congress approve a $91 million funds transfer.

The $200 million June 2018 transfer, wrote DHS spokeswoman Katie Waldman in an email, was “in line with the FY 2019 president’s budget request for U.S. Immigration and Customs Enforcement.”

However, the additional funds covered FY 2018 overspending – not future shortfalls in 2019; Congress has yet to agree to a permanent fiscal year 2019 budget. Waldman didn’t answer an email asking to clarify her comments.


Congressional Staffer: Whenever ICE outspends its budget and adds detention beds, it gains leverage for the next round of budget negotiations.


The same congressional staffer who discussed the controversy surrounding the $200 million DHS funds transfer also noted that when ICE outspends its budget and adds detention beds, it gains leverage for the next round of budget negotiations because reducing beds would mean freeing detainees and, ICE argues, their release could jeopardize public safety.

Growth by funds transfer also generally avoids public scrutiny. Transfer documents submitted by government agencies are not released to the public. But earlier this year, Sen. Jeff Merkley (D-OR) released DHS’s June 2018 transfer and reprogramming request, noting that $10 million had been taken from FEMA just as Hurricane Florence was making landfall in North Carolina.

DHS shot back, claiming the funds were administrative and weren’t earmarked for hurricane relief. But according to Ur Jaddou, director of the advocacy group DHS Watch, and a former Chief Counsel at U.S. Citizenship and Immigration Services, the DHS agency that oversees immigration and citizenship applications, “The government these days doesn’t operate on a plethora of administrative resources. It’s really functioning on a very limited budget. When they say they’re using unused money, it’s just a ruse.”

Congress has shown its frustration with ICE’s disregard for its authority, but hasn’t acted to rein in agency spending.


Congress has scolded ICE for its “lack of fiscal discipline and cavalier management.”


In budget recommendations for fiscal year 2019, the Senate Appropriations Committee wrote, “In light of the Committee’s persistent and growing concerns about ICE’s lack of fiscal discipline, whether real or manufactured, and its inability to manage detention resources…the Committee strongly discourages transfers or reprogramming requests to cover ICE’s excesses.”

Two years before, the explanatory language in the supplemental appropriations bill was even harsher. Appropriators pointed to a “lack of fiscal discipline and cavalier management” of detention funding, saying the agency seemed to think its detention operations were “funded by an indefinite appropriation. This belief is incorrect.”

“We shouldn’t be using FEMA as a piggy bank to fund detention beds,” said Rep. Dutch Ruppersberger (D-MD). “Unelected agency heads shouldn’t unilaterally shift taxpayer dollars for purposes they weren’t intended.”

Still, despite congressional annoyance with ICE’s free-spending ways, it hasn’t conducted meaningful oversight of the immigration detention system, said Greg Chen, director of government relations for the American Immigration Lawyers Association.

“The current leadership in Congress hasn’t been interested in conducting hearings on detention spending and whether detention is even necessary at the scale it is now,” Chen said.

When President Trump issued an executive order calling for no-holds-barred arrests of undocumented immigrants in January 2017, the border patrol reported that apprehensions at the U.S.-Mexico border were lower than at any time since 1972 — when the detention population was a fraction of its current size.

ICE reported that in fiscal year 2017, 41 percent of crimes of which detainees had been convicted were traffic- or immigration-related.  Just 11.4 involved murder, sexual assault, kidnapping, robbery or assault.

Chen argued that ICE has a legal responsibility to screen each person in its custody for risk – either of flight or to public safety. “ICE is just not doing that and defaulting to the practice of detaining people.”

Democrats in Congress could take on a more robust role in overseeing ICE spending, now that they’ve gained a majority in the House. They could put conditions on spending, call for Government Accounting Office reports and hearings, cut funding, demand answers if ICE overspends and bring its actions to the attention of the press, said DHS Watch director Ur Jaddou, who is also a former congressional staffer.

“The next time they [ICE] need something,” Jaddou said, Congress can respond, ‘Do you really want it? You better listen.’”


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Education

Will New York Fund Amazon Subsidies or Student Debt Relief?

New York Gov. Andrew Cuomo made headlines begging Amazon to site its second headquarters in the state. Now, however, prominent Democrats in the state Senate and Assembly have slammed the idea of offering taxpayer subsidies to the retail giant.

David Sirota

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Long Island City photo by King of Hearts

Co-published by Splinter

Elections have consequences, and they may have particularly immediate consequences for billionaire Jeff Bezos, as newly empowered New York Democrats appear to be positioning themselves to try to block new state subsidies for Amazon, now that the online retailing titan has chosen New York City and Northern Virginia as new headquarters locations.

A day before last week’s midterm elections, when Amazon’s choice was still up in the air, New York Gov. Andrew Cuomo made headlines begging Amazon to site its second headquarters in the state. “I’ll change my name to Amazon Cuomo if that’s what it takes,” said Cuomo, as reports surfaced about Amazon potentially moving in to Long Island City.

The next day, though, Democrats won control of the state Assembly and state Senate. Now, prominent Democrats in those chambers have slammed the idea of New York offering taxpayer subsidies to Amazon. And one lawmaker wants the legislature to decide between giving Amazon taxpayer largesse or addressing the state’s student debt crisis.

Democratic Assemblyman Ron Kim announced that he will introduce legislation to slash New York’s economic development subsidies and use the money to buy up and cancel student debt — a move he said would provide a bigger boost to the state’s economy. The legislation, says Kim, would halt any Cuomo administration offer of taxpayer money to Amazon, which could reap up to $1 billion in tax incentives if it moves to Long Island City. The deal is a goodie bag for Amazon: It includes everything from a $325 million cash grant to a promise that taxpayers will help secure a helipad for Amazon executives.

“Giving Jeff Bezos hundreds of millions of dollars is an immoral waste of taxpayers’ money when it’s crystal clear that the money would create more jobs and more economic growth when it is used to relieve student debt,” said Kim, who recently published an op-ed with law professor Zephyr Teachout criticizing the Amazon deal. “Giving Amazon this type of corporate welfare is no different, if not worse, than Donald Trump giving trillions in corporate tax breaks at the federal level. There’s no correlation between healthy, sustainable job creation and corporate giveaways. If we used this money to cancel distressed student debt instead, there would be immediate positive GDP growth, job creation and impactful social-economic returns.”

New York has the most expensive set of corporate subsidy programs in the country, and a report by the W.E. Upjohn Institute for Employment Research found that such subsidies “are not cost-effective, with either no statistically significant effects or large costs per job created.” Kim noted that in 2015 alone, New York gave out more than $8 billion in corporate incentives. He pointed to a recent study by the Levy Institute that found cancelling student debt would result “in an increase in real GDP [and] a decrease in the average unemployment rate.”

In New York, student debt has ballooned. A 2016 report by State Comptroller Thomas DiNapoli’s office found that “the delinquency rate among New York student loan borrowers rose by more than a third over the past decade while average borrower balances in the State increased by nearly 48 percent, to $32,200.” A memo outlining Kim’s bill says the legislation would empower New York officials to “exercise their eminent domain powers to buy, cancel, and/or monetize the state’s out of control student debt,” which the memo says totals more than $82 billion.

Kim’s move followed criticism of a possible Amazon deal by Senator Michael Gianaris, who led Democrats’ successful effort to win control of the chamber, and who is expected to be in one of the Senate’s top jobs.

“Offering massive corporate welfare from scarce public resources to one of the wealthiest corporations in the world at a time of great need in our state is just wrong,” Gianaris and City Council Member Jimmy Van Bramer, both of whom represent Long Island City, said in a press release. “The burden should not be on the 99 percent to prove we are worthy of the one percent’s presence in our communities, but rather on Amazon to prove it would be a responsible corporate neighbor.”


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2018 Election Results

7 Takeaways from California’s Elections

Two of the biggest shockers happened in Los Angeles and Orange counties, in races that have historically drawn the most conservative voters: sheriff and district attorney.

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Official voting results are weeks away from getting verified for the 2018 general election, but big, historic trends are already emerging: some old, some new, some bad — and a lot of Blue.


1. Real estate interests prove again that they’re some of the evilest people in California history

The people who helped to bring to the Golden State housing covenants, redlining, Proposition 13, the overturning of the Rumford Fair Housing Act, McMansions in canyons that always burn and so much more housing nastiness were on the wrong side of history again this election cycle. They spent at least $74 million to demonize Proposition 10—which would only allow municipalities the right to consider rent control—to the point where even renters felt it was a nefarious plot to destroy property values and bankrupt elderly landlords. Unsurprisingly, Prop. 10 lost by a nearly two-thirds majority, and real estate special-interests groups will spend even more if another such measure ever goes statewide again.

2. The Democrats’ next big battleground will be the Central Valley

Most of the Dems’ millions were spent on flipping Orange County blue, but as I wrote for the Los Angeles Times recently, the Democrats can learn a lot for 2020 by what’s happening in the Central Valley. There, Latino candidates have climbed the political ladder from school board seats to a majority of the Valley’s state Assembly and state Senate seats, flipping two of the latter with Latinas (Anna Caballero in the 12th, Melissa Hurtado in the 14th) on Tuesday. What they yet don’t have is one of the congressional seats held by the region’s Four Horsemen of the Apocalypse: David Valadao, Jeff Denham, Kevin McCarthy and Devin Nunes, all whom won their races this time around (although Denham is still sweating his out). Expect the Dems to groom some rising stars for 2020—and expect them to mine data from the Valley about how to attract rural voters.

3. People in Southern California mistrust law enforcement more than ever before

Two of the biggest shockers happened around elected positions that have historically drawn the most conservative voters: sheriff and district attorney. In Orange County, Supervisor Todd Spitzer handily beat 20-year incumbent DA Tony Rackauckas, who has been dogged by a jailhouse snitch scandal for years. But even more surprising was the Los Angeles County Sheriff’s race, where Jim McConnell—supported by virtually the entire L.A. political class—lost to former deputy Alex Villanueva. Villanueva will be the first Democratic sheriff in more than 100 years.

4. Los Alamitos is now unofficially Southern California’s City of Hate

The tiny northwest Orange County town made news earlier this year when the city council decided to pass an ordinance protesting California’s sanctuary state law. The councilman who pushed that resolution, Warren Kusumoto, was reelected this week. But also winning a seat was former councilmember Dean Grose, who made national headlines in 2009 when he emailed a racist cartoon of a watermelon patch growing outside the Obama White House.

5. AIDS Healthcare Foundation needs to stop wasting money on propositions

The nonprofit giant spent over $23 million on the Yes on 10 battle, two years after spending $4.5 million on Proposition 60 to mandate condoms on adult films sets in California and more than $14 million on Proposition 61 to regulate prescription drugs bought by the state. Last year, it spent $5.5 million on Measure S, an anti-development ordinance in Los Angeles. All that money went to nothing, as each measure lost handily. Maybe AIDS Healthcare Foundation head Michael Weinstein should’ve spent that $47 million on services?

6. The California GOP’s last, best hope are Asians

The party has long been dead in the state, but a glimmer of hope has emerged for it in Orange County. Asian-American Republicans there now hold one congressional and state Senate seat, two state Assembly spots, three of the five chairs on the Board of Supervisors, and multiple school board and city council positions. And the new mayor of Anaheim, Orange County’s largest city, is Indian-American Harry Sidhu. Leave it to Orange County to get minorities to side with the Party of Trump!

7. With five of seven congressional seats now Democrat, this ain’t your dad’s Orange County anymore

It’s not even your Orange County. A brave new OC awaits all of us, indeed….


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Environment

Why Was Climate Change Omitted From Colorado’s Debate Over Fracking?

Co-published by Westword
The total absence of climate change discussion in Colorado’s 2018 election was striking, considering the state’s intensified floods, droughts and wildfires.

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Illustration: Nicolás Zúñiga

Over eight debates between gubernatorial candidates Jared Polis and Walker Stapleton, Colorado’s press corps mustered just three questions about climate change.


 

Co-published by Westword

It is no overstatement to say that Colorado’s Proposition 112 and Amendment 74 were two of the most significant and far-reaching climate change measures in America’s entire midterm election. But don’t blame yourself if you didn’t know that. While the initiatives sparked a pitched battle about the fossil fuel industry just as scientists were issuing a dire warning about climate change, that term — “climate change” — was largely absent from the state’s political conversation in 2018, even though some local officials say climate change could cost the state hundreds of millions of dollars in the near future.


While Colorado’s oil and gas industry was asserting that burning carbon-emitting fracked gas is “helping to reduce carbon emissions,” it sponsored an anonymous website attacking journalists who report on energy and climate issues.


Oil and gas corporations spent roughly $40 million to oppose 112, which would have mandated larger distances between fossil fuel extraction sites and schools, hospitals and residential neighborhoods, and likely restricted some fossil fuel development. Some of that money also went into promoting 74, which would have empowered those same oil and gas companies to sue towns that try to restrict drilling and fracking. While the industry offered a smorgasbord of arguments in its campaign — it would defund schools, it would kill jobs, etc. — those criticisms were all based on one central premise: that the setbacks measure would allegedly ban all new oil and gas exploration.

Had climate change been a central topic of conversation, that assertion could have boomeranged on the industry — proponents could have argued that an all-out ban was in fact urgently needed in light of a recent United Nations report warning of a full-fledged dystopia if new fossil fuel development is not halted. And they might have found a receptive audience: Recent polling from the University of Colorado has shown that 70 percent of Coloradans say they are at least somewhat concerned about climate change — and that survey was done before a summer of climate-change-intensified wildfires.


Even though Prop. 112 was not a total ban on fossil fuel extraction, at least a few national voices noted that it represented an important front in the climate change battle.


However, the Colorado press corps barely mentioned climate change in its coverage of the fight, and groups pushing the proposition never made climate change a central argument in their campaign.

An analysis by Media Matters found that out of 12 Colorado newspaper editorials about 112, just one — that of the Boulder Daily Camera, which endorsed the measure — even mentioned climate change. News coverage of 112 focused alternately on the health and environmental hazards highlighted by activists and industry doomsaying about its economic and budgetary implications, but reporting on fossil fuel-related carbon emissions and their contribution to climate change was almost nonexistent.

That was true not only of the fight over 112, but of the state’s wider political discourse. Over eight debates between governor-elect Jared Polis and opponent Walker Stapleton, the Colorado press corps mustered just three questions about climate change, accounting for less than 10 minutes of discussion during eight and a half hours of debate.

Meanwhile, the Colorado Oil and Gas Association was sponsoring an anonymous website attacking journalists who report on energy and climate issues. And as a backup measure to defang any potential climate arguments, the industry also ramped up its production of promotional PR asserting that burning carbon-emitting fracked gas is “helping to reduce carbon emissions,” as COGA insists. That assertion relies on the public never realizing that it’s only true in comparison to burning coal, but not actually true overall: Natural gas is a fossil fuel, so carbon is emitted when it is burned — no matter what COGA tries to insinuate.


The defeat of an explicitly climate-related ballot measure in Washington State suggests that many voters are not willing to support even modest efforts to frontally address climate change.


That context, though, is rarely noted in a political arena that has long been dominated by armies of fossil fuel lobbyists and millions of dollars of fossil fuel campaign spending. This year, much of that money was spent on ads designed to narrow the debate to one primarily about jobs and economic impact, thereby precluding 112 campaigners from broadening the conversation to one about the climate change dangers of fossil fuel extraction. Colorado Rising, the group behind Proposition 112, was boxed into making arguments only about better protecting the public health and safety of those living near fracking rigs, and to defensively insist that the measure wasn’t an actual ban.

In a media environment that was already erasing climate change from the conversation, there was no space for them to more straightforwardly argue that dramatic reductions in fossil fuel extraction are necessary to address climate change.

“What the polling is showing is that if people are really convinced that it’s an outright ban, they aren’t going to vote for it,” Colorado Rising’s Anne Lee Foster told Capital & Main when asked why climate change wasn’t a more prominent part of the campaign. “It’s not about what the actual percentage [ban] is, it’s proving that they have been blowing this out of proportion the whole time.”

At times, 112’s proponents ended up publicly asserting that the measure would not significantly reduce fossil fuel extraction at all, even as climate scientists argue that’s exactly what’s necessary.

“The oil and gas folks out there will still be able to do their thing,” said Mark Williams, a former Democratic congressional candidate, at a Longmont town hall where he promoted 112. “My concern is you have all these operators that are out there that are trying to make a quick buck, [but] Colorado does not have strong enough regulations.”

There’s no guarantee 112 would have been more successful had the proponents tried to focus the fight on climate change; the oil and gas industry’s success in defeating an explicitly climate-related ballot measure in Washington State suggests that many voters are not willing to support even modest efforts to frontally address climate change.

However, the total absence of the issue in Colorado’s 2018 election was striking, considering not only the IPCC report, but also the state’s own specific struggles with the effects of climate change. After all, leading scientists say that climate change is already intensifying Colorado’s floods, droughts and wildfires. And although COGA has demanded that “natural gas must be part of the climate change conversation,” many of those scientists disagree.

“There is more than enough carbon in the world’s already developed, operating oil, gas, and coal fields globally to exceed 2°C,” wrote a group of 26 climate scientists in a July letter to California Governor Jerry Brown, urging him to immediately halt the approval of all new oil and gas drilling. “There is simply no room in the carbon budget for any new fossil fuel extraction.”

“Absolutely no new fossil fuel developments. None,” said climate scientist Will Steffen, when asked earlier this year what the U.S. needs to do to help avoid global catastrophe. “That means no new coal mines, no new oil wells, no new gas fields, no new unconventional gas fracking. Nothing new.”

This is why even though 112 was not a total ban on fossil fuel extraction, at least a few national voices noted that its potential to somewhat reduce that extraction represented an important front in the climate change battle.

In a guest column for the Denver Post, former NASA scientist James Hansen encouraged Coloradans to vote for 112 because it would “help prevent climate change by making oil and gas harder to access.” Senator Bernie Sanders, who has called for a nationwide ban on fracking, also endorsed the measure on climate-related grounds. And toward the end of the campaign, 350.org founder Bill McKibben promoted the measure as part of his organization’s nationwide push to combat climate change.

But by that point, the industry’s PR machine was already skilled at suppressing any discussion of climate change and transforming every 112 argument into economic alarmism. An editorial in oil magnate Phil Anschutz’s Colorado Springs Gazette was emblematic: In attacking McKibben, it didn’t even bother to mention climate change, much less address his substantive argument.

Instead, its headline simply screamed, “Out-of-stater comes to kill Colorado jobs.”


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2018 Election Results

CA-49: A GOP District Realigns With Democrats After Mike Levin Victory

Republican Diane Harkey ended her dispirited campaign by attempting to distance herself from Trump’s personality but supporting him on “substance.”

Kelly Candaele

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Mike Levin

Was the victory of Democrat Mike Levin in the 49th Congressional District race a decisive one? It seems so. Levin’s roughly seven point victory over Republican Diane Harkey might make newcomers to the district – running from southern Orange County down the coast to northern San Diego – wonder how Republicans have dominated that stretch of California for so long.

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Demographic shifts explain part of what happened. Educated high-tech workers have moved into the area, and Levin targeted Latinos and women in this “year of the woman.” Levin was also blessed with a weak opponent plagued by her husband’s financial scandals.

But perhaps something beyond political math was also taking place. Decades ago political scientist Walter Dean Burnham worried that American political parties had deteriorated to such an extent that they could not deal with critical national and international issues. Burnham lamented the decline in voting participation, particularly among the lower classes, and trained his analytical eye on “realignment” elections that led to durable shifts in political coalitions and public policy. The results in the 49th district could be such a realignment where a general political crisis can force a breakthrough and renewal.

One sign of how much has changed in the 49th is that Levin brought Bernie Sanders to campaign with him in the final week of the campaign, a risk in what most political observers regard as a “centrist” district. Sander’s message denouncing the state of our health care system and the cost of higher education is neither scary nor politically costly when it resonates with the realities of so many people’s lives.

Harkey ended her dispirited campaign by attempting to distance herself from Trump’s personality but supporting him on “substance,” meaning the “booming” economy she said he created.

For many voters, the “substance” now is their aesthetic and existential disgust at how President Trump is attempting to re-create our country.

The current battle may lead to the rebuilding of a political force on the progressive side that is able to fight more effectively by forging broader, more sustainable coalitions. That rebuilding is certainly under way in the 49th Congressional District.


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2018 Election Results

Proposition 11: Emergency Crews Lose Out

Framing Prop. 11 as necessary to protect public safety was a strong argument, but it didn’t help that the opposition failed to file paperwork in time to have their arguments against the measure included in the state’s voter guide.

Gabriel Thompson

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Proposition 11, which rewrites California’s Labor Code to allow private ambulance companies to require paramedics and EMTs to be on call during breaks, cruised to an easy victory on election night, with 60 percent voter support. The result wasn’t surprising; polling showed the measure was leading by a two-to-one margin. Prop. 11’s primary supporter, private ambulance company American Medical Response, vastly outspent the opposition, pouring $22 million into the campaign to argue that response times to emergencies would increase if the measure were defeated.

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The proposition came in the wake of a 2016 California Supreme Court ruling that private security guards are required to be given uninterrupted rest breaks. That ruling likely would apply to the state’s private sector EMTs and paramedics, who are also on call during breaks, and who have filed several lawsuits challenging the practice, including one against AMR. Last year, a legislative attempt to solve the problem stalled in the face of AMR opposition; one of the sticking points was whether the bill would protect AMR from active lawsuits. (As written, Prop. 11 shields AMR from liability regarding breaks in pending litigation.)

Framing Prop. 11 as necessary to protect public safety was a strong argument, but it didn’t help that the opposition, led by the United EMS Workers, an American Federation of State, County and Municipal Employees local, failed to file paperwork in time to have its arguments against the measure included in the state’s voter guide. (Disclosure: AFSCME is a financial supporter of this website.) AMR largely drowned out the local’s attempts to highlight the grueling working conditions faced by emergency workers, and the need for extra staffing to allow more predictable breaks.

What remains to be seen is whether Prop. 11 will in fact shield AMR and other private ambulance companies from pending lawsuits, a decision likely to be determined in court. Jason Brollini, president-executive director of United EMS Workers, estimates that AMR could owe workers as much as $100 million in settlements if the cases are allowed to proceed.


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2018 Election Results

CA-25: Katie Hill Ends Knight Reign in Changing District

While Hill’s youth, bisexuality and comfortably modern persona got the attention of Vice and other media, Steve Knight was seemingly out of touch with his own constituents.

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Katie Hill went to bed last night at the end of an excruciatingly tight congressional race, not knowing if her home district was red or blue. At stake was California’s 25th District, where Hill spent the last 18 months on an unlikely quest to unseat two-term GOP Rep. Steve Knight. By six this morning, Hill, a 31-year-old first-time candidate, appeared to have won by more than 4,000 votes.

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The seat was among several Republican-held offices targeted by the Democratic Party, in districts won by Hillary Clinton in 2016, but it was never going to be easy. CA-25 had been in Republican hands since 1993, representing territory stretching from northern Los Angeles County to parts of Ventura County. It may have been tilting from red to purple, but Hill wisely shaped her campaign to the immediate kitchen-table interests of the district, and avoided all discussion of presidential impeachment, Russia or special counsel Robert Mueller.

“We’re not running an anti-Trump campaign,” Hill told Capital & Main early in the campaign. “I just don’t think that’s the issue that people care the most about here.”

Hill grew up in the tiny district town of Rosamond and, later, in Santa Clarita, and now resides in rural Agua Dulce. She was a cop’s daughter running against former LAPD officer Knight. Hill began her campaign after working eight years at PATH, one of the largest homeless services providers in California. Growing homelessness in CA-25 was one of her core concerns, along with health care and economic opportunity.

While her youth, bisexuality and comfortably modern persona got the attention of Vice and other media, Knight was seemingly out of touch with his own constituents, many of whom commuted daily to Los Angeles. He was on record as supporting legislation banning gay marriage and voted with President Trump 99 percent of the time, including the failed attempt to eliminate the Affordable Care Act. If her lead holds through the week’s final ballot count, Hill will join an unprecedented wave of women elected to Congress and presumably will take a new and far different path than Knight.


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2018 Election Results

CA-10: AP Calls Election for Josh Harder Over Republican Incumbent

Four-term Central Valley Congressman Jeff Denham appears to have been defeated after a week of ballot counting.

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UPDATE, Nov. 13: The Associated Press tonight has declared Democratic challenger Josh Harder to be the winner over GOP incumbent Jeff Denham in the hard-fought 10th District race. According to AP, “With votes continuing to be counted, Harder’s edge has grown after Denham grabbed a slim lead on Election Day. After the latest update, Harder had a 4,919-vote lead out of about 185,000 votes counted, a margin too large for the congressman to overcome with remaining votes.”


A TV ad for incumbent Republican Congressman Jeff Denham stated that his Democratic challenger Josh Harder “shares Nancy Pelosi’s liberal San Francisco values.” The ad, running in the Sacramento media market and on digital platforms throughout California’s 10th District, went on to state that Harder, if victorious, would leave residents of this Central Valley district with dramatically worse health care options.

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It was a puzzling claim, considering Denham voted with his party to repeal the Affordable Care Act, or Obamacare, several times, and voted for the Republican replacement, the unpopular American Health Care Act.

As of Wednesday morning, Jeff Denham clung to a lead of 50.6 percent of the vote, with Harder claiming 49.4 percent. While 100 percent of precincts had reported, the race had not been called, pending the counting of mail-in and provisional ballots. Democratic activists said enthusiasm and campaign cash were up. Harder raised more than $7 million in this cycle to Denham’s $4.4 million.

Back in February, most of the volunteer canvassers trying to boost Democratic registration in Modesto, the heart of the district, were from the Bay Area. They said they had driven east to turn this purplish district solid blue. CA-10, which voted for Hillary Clinton by three points in 2016 while giving Denham a similar margin of victory, was one of the top Democratic targets for flipping in 2018.

Whether Denham or Harder end up winning, the trend of people relocating from the pricey Bay Area could end up re-shaping the electorate in the district. New research from BuildZoom and the Terner Center for Housing Innovation at the University of California, Berkeley shows a growing connection between the Bay Area and its neighbor to the east, CA-10. “More than 55 percent of Bay Area out-migrants in households earning less than $50,000 a year stayed in California, [heading to] more affordable markets, such as the Sacramento region or Central Valley metro areas, like Modesto or Fresno,” the study said.


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2018 Election Results

CA-21: TJ Cox Reverses Tally to Declare Victory

Throughout the campaign, Cox was on the offensive, blasting the GOP incumbent’s votes for the unpopular Republican tax reform bill, and the even more unpopular American Health Care Act (ACHA) or “Trumpcare.”

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TJ Cox

UPDATED November 28: Late ballot counting continues to show Democratic Party candidate TJ Cox with a slight lead (currently 506 votes) over GOP incumbent David Valadao. Cox has declared victory. The following story was written when election-night returns showed Valadao ahead by 4,400 votes. 


California’s 21st District seemed like a plausible target to flip from red to blue in 2018 even though incumbent Republican Congressman David Valadao had beaten his Democratic challenger Emelio Huerta by 13 points in 2016. Hillary Clinton handily carried the district, and the demographics also looked good for a Democrat. The district is 71 percent Latino, a group that gave Clinton 66 percent of its vote nationwide two years ago. Republicans account for 27 percent of registered voters in CA-21, 16 points lower than Democratic registration. According to the political forecasting site FiveThirtyEight, Valadao voted with Trump policies nearly 99 percent of the time.

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Despite those headwinds for Valadao, and visits from Obama, former Vice President Joe Biden and Lt. Gov. Gavin Newsom, Democratic challenger TJ Cox fell far short. By early Wednesday, Valadao claimed 53.7 percent of the vote to 46.3 percent for Cox with provisional and mail-in ballots still to be counted.

Throughout the campaign, Cox was on the offensive, blasting Valadao’s votes for the unpopular Republican tax reform bill, and the even more unpopular American Health Care Act (ACHA) or “Trumpcare.”

Valadao claimed the Republican tax plan saved families thousands of dollars in a district with a far lower median household income than California as a whole. He also touted his willingness to break from Trump in a failed attempt at immigration reform earlier this year.

Valadao’s strong ties to the district may have given him an advantage. A dairy farmer, small-business owner and son of Portuguese immigrants, Valadao grew up in the district, and has given unwavering support to agribusiness interests, a very important position in this largely agricultural region. Cox, an engineer who has never held elected office, owns a home just outside the district in Fresno and earlier in the election cycle claimed a home in suburban Washington, D.C. as his principal residence.


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