Monday, December 7, 2020

POLITICO California Playbook: BECERRA tapped for HHS chief — NEWSOM’s rare appointment powers — LEGISLATIVE session starts today — MUSK flees to TEXAS

Carla Marinucci and Jeremy B. White's must-read briefing on politics and government in the Golden State
Dec 07, 2020 View in browser
 
POLITICO California Playbook

By Carla Marinucci, Jeremy B. White, Graph Massara and Mackenzie Hawkins

THE BUZZ — BECERRA'S BIG MOVE: Suddenly, Gov. Gavin Newsom will get to choose not just a U.S. senator to replace Vice President-elect Kamala Harris — but also an attorney general to fill the seat of Xavier Becerra, who's been tapped by the Biden administration to be Health and Human Services secretary.

Which means the jockeying for state AG has begun, and the political possibilities for Newsom to make friends — and enemies — are multiplied. "Gavin Newsom is in an enviable, and unenviable position at the same time," Democratic strategist Roger Salazar told POLITICO Sunday. "He's got a tremendous opportunity to put his stamp on the administration — getting to pick a U.S. senator, an attorney general and maybe even somebody that opens up a spot someplace else." But, he said, "it's kind like playing Vulcan chess with Spock: You have to sort of figure out all the three-dimensional moves."

California Attorney General Xavier Becerra.

Rich Pedroncelli/AP Photo

THE NATIONAL IMPACT: Biden selects Becerra to lead Health and Human Services, by POLITICO's Tyler Pager, Adam Cancryn and Alice Miranda Ollstein: Becerra, 62, gained national recognition in recent years for overseeing California's multitude of legal battles against President Donald Trump's administration — as well as helming blue states' defense against a GOP lawsuit aimed at eliminating Obamacare.

THE CALIFORNIA STORY: California exits give Newsom rare chance to pick 3 high-profile leaders, by POLITICO's Jeremy B. White and Carla Marinucci: It's the first time in nearly 70 years that a California governor has had anything close to this kind of appointment power, according to California State Library legislative historian Alex Vassar. Between December 1952 and early January 1953, Gov. Earl Warren had to appoint a new U.S. senator, state controller and a member of the Board of Equalization, the state's elected tax commission. But those latter two seats are lower profile than the ones Newsom is looking at.

A LOOK AT THE CONTENDERS…

DENNIS HERRERA: The SF city attorney has an army of admirers thanks to his aggressive role pushing back on the Trump administration — for starters, bringing the first lawsuit in the nation against President Donald Trump over an executive order that threatened to hold back billions of dollars in federal funding from sanctuary cities. And he's been at the forefront of a crowd of key legal issues alongside four former California AGs: Bill Lockyer, Jerry Brown, Harris and Becerra. "Whoever the governor picks has some big shoes to fill,'' he told POLITICO Sunday night.

ERIC SWALWELL: The East Bay congressman and former Alameda County deputy district attorney has gained a high profile in Congress in his short tenure as an outspoken member of the House Intelligence Committee. With a mixture of courtroom oratory and prosecutorial experience, he's been an outspoken advocate on issues ranging from environmental projection to election security.

KATIE PORTER: Popular with the progressive grassroots, the Orange County congresswoman's star has been rising since she was appointed by then-AG Harris to be an independent California monitor of the largest banks and financial institutions in the wake of the home mortgage crisis. In Congress, she's been a top fundraiser and a fearless interrogator of corporate bigwigs in her role on the House Financial Services consumer protection subcommittee. Her biggest obstacle is that Speaker Nancy Pelosi may not want to risk yielding Porter's swing seat at a time of a shrinking House Democratic majority.

ROB BONTA: Bonta was in consideration to become attorney general in 2016, when then-Gov. Jerry Brown ultimately chose Becerra to replace Harris; he would be California's first Asian American attorney general.

MARTHA ESCUTIA: Escutia, a graduate of Georgetown Law, was the first Latina chair of Assembly Judiciary in 1996, and was eyeing a 2006 run for AG, but pulled out due to family issues. She now works as a special counsel at the University of Southern California. She told POLITICO's Debra Kahn Sunday night: "I think I am ready for the position, I've done quite a bit of work in my political as well as my legal life. … If your question is, would I be interested, absolutely, yes."

WHO ELSE IS IN THE MIX? Your Playbook team will also be keeping an eye on Democratic Reps. Adam Schiff and Ted Lieu; Sacramento Mayor Darrell Steinberg; Oakland City Attorney Barbara Parker; state Supreme Court Associate Justice Goodwin Liu ; Contra Costa District Attorney Diana Becton; and Equality California executive director Rick Chavez Zbur. Oh, and Ann O'Leary, Newsom's current chief of staff.

BUENOS DÍAS, good Monday morning. The new Legislature arrives today as the Senate and Assembly swear in the 2021-2022 class. Both houses are trying to stay safe by limiting guests and, in the Assembly's case, holding proceedings at Golden 1 Center rather than on the chamber floor. Oh, and there's four days until the federal government's funding runs out.

WHERE'S GAVIN? The governor will give an update on state response to the Covid-19 epidemic at 9:30 a.m. It will be streamed on Twitter and Facebook.

QUOTE OF THE DAY: "They all convinced each other that they were like a family, and family can give gifts to their children. … They just got too cozy over too much time, and they lost their way. … Now I have to look at everybody going, 'Are you a crook?' It's not the way I want to see the world." — San Francisco Supervisor Aaron Peskin to the SF Chronicle's Heather Knight.

TWEET OF THE DAY: The New York Times' @NickKristof: "Vice President-Elect @KamalaHarris , you have plenty on your plate. But in California, you were a leader in fighting human trafficking, and I hope that as VP you'll be a leader in tackling the surging exploitation of children on sites like Pornhub."

 

TRACK THE TRANSITION & NEW ADMINISTRATION HEADING INTO 2021: President-elect Biden is pushing full steam ahead on putting together his Cabinet and White House staff. These appointments and staffing decisions send clear-cut signals about Biden's priorities. What do these signals foretell? Transition Playbook is the definitive guide to one of the most consequential transfers of power in American history. Written for political insiders, it tracks the appointments, people, and the emerging power centers of the new administration. Track the transition and the first 100 days of the incoming Biden administration. Subscribe today.

 
 
TOP TALKERS

HORROR STORIES — "The Children of Pornhub," by NYT's Nicholas Kristof: "At 14, Serena K. Fleites was an A student in Bakersfield, Calif., who had never made out with a boy. But in the eighth grade she developed a crush on a boy a year older, and he asked her to take a naked video of herself. She sent it to him, and this changed her life."

ELON'S EXIT? — "Tesla CEO Elon Musk has told friends and associates he plans to move to Texas," by CNBC's Ari Levy and Lora Kolodny.

CASTLE CONUNDRUM — "L.A.'s storied Magic Castle shaken by allegations of sexual misconduct, racism ," by the LA Times' Daniel Miller and Amy Kaufman: "A fractious summer dialogue on Facebook about the claims pushed the academy's board of directors to engage a law firm to conduct an investigation into 'alleged inappropriate workplace conduct' — one that members said scrutinized the organization's general manager, Joseph Furlow."

— "S.F. supes again condemn Zuckerberg's name on city General Hospital," by the SF Chronicle's Michael Cabanatuan: "The resolution, which carries no legal mandates, was mostly a statement of opinion by the board — and a chance to bash Facebook. The board is constrained in its contract with Zuckerberg in removing his name from the hospital."

MISSING IN AMERICA — "23 unsolved cases of missing CalifornIans," via Dateline NBC: Despite active pursuits on social media for many years now, the families of five young men who went missing in the San Francisco, California area over the past decade still have few answers.

WHERE THEY STAND: Every member of CA's GOP House delegation — including House Minority Leader Kevin McCarthy and Rep. Mike Garcia, who just faced a close reelection fight — have refused to take a stand on Trump's false claims of winning the election, per the Washington Post's survey of every Republican in Congress.

GREEN BACKERS — House votes to legalize weed, by POLITICO's Natalie Fertig: The bill passed by a vote of 228-164, with several Republicans on board. While the MORE Act is not expected to come up in the Senate this year, and likely won't in the next session of Congress either, its passage nevertheless marks a monumental step in marijuana policy.

CALIFORNIA VOTES: Rep. Tom McClintock was the sole California Republican to back the measure. Every California Democrat voted in favor with the exception of Rep. T.J. Cox, who did not vote.

CORONAVIRUS UPDATES

HARD TIMES AHEAD — "Lockdowns are depressing and economically devastating. But California might not have a choice,'' by the LA Times' Rong-Gong Lin and Luke Money: "Newsom's latest stay-at-home order has faced criticism from all sides, with some saying it's too restrictive and will kill small businesses, while others question whether the rules are tough enough, wondering why malls will be allowed to stay open."

NOW IT'S REAL — Bay Area imposes stay-home order before California rules kick in, by POLITICO's Victoria Colliver: The health officers for five counties and the city of Berkeley said they didn't want to wait due to the current explosive surge. The new orders will take effect late Sunday or early Monday in all of the counties except Marin, where it will take effect Tuesday at noon. The new restrictions will remain in place until Jan. 4.

PUSHBACK — "Unhappy with L.A. County COVID-19 response, Lancaster to form its own public health agency,'' by the LA Times' Faith H. Pinho.

LAWSUIT — "Local restaurants to sue Governor Newsom for Stay at Home Order," by KGET's Perla Shaheen.

EMPTIEST PLACE ON EARTH? — " Will California keep Disneyland closed until there's a widely available coronavirus vaccine?" by the OC Register's Brady MacDonald.

— "Here's a look at ICU capacity in California: Where the 5 regions stand," via KCRA.

PANIC IN THE AISLES — "Here's what the Bay Area and California stay-at-home orders mean for grocery shopping," by the SF Chronicle's Shwanika Narayan and Carolyn Said: "Many people cannot afford grocery delivery, and it's conceivable that the new rules — combined with the surge and the approaching holidays — could help spur more panic buying, according to Phil Lampert, a food industry expert and editor of Supermarket Guru."

OUTBREAK — "Nearly 200 workers test positive for COVID-19 at Foster Farms poultry plant in Fresno," by the Fresno Bee's Manuela Tobias.

THE TRUMP ERA

BIG ONE — Judge orders Trump administration to restore DACA, by POLITICO's Josh Gerstein: The order directs the Department of Homeland Security to announce by Monday that it is resuming the approval of new DACA applications and work permits. The judge also ordered DHS to return to its prior practice of granting and extending DACA status for two years at a time.

JOINING GM — "Nissan pulls out of Trump emissions fight with California," via the AP: "The announcement is another sign that a coalition of automakers backing the outgoing administration could fall apart. General Motors ended its support for the Trump administration's battle with California on emissions standards last week."

TRANSITION TIME

— "Kamala Harris is on the cusp of power but has to tread carefully," by the LA Times' Noah Bierman: "Appear too ambitious or gain too much attention, and Biden's inner circle begins worrying about her political motives, and knives come out among other Democrats who covet the White House. Step off message and she could get frozen out."

THERE IT IS — "Biden officially secures Electoral College majority after California certifies votes," via CBS.

CAMPAIGN MODE

THIRD TIME'S A CHARM?— "Christy Smith files to run again in CA-25,'' by the Signal's Tammy Murga: Her statement of candidacy was submitted on Nov. 20, joining dozens of others who have already filed to run in various state congressional districts in the election two years from now, according to the Federal Election Commission's website.

— "November election's high turnout with few problems points toward an all-mail future,'' by the San Diego Union-Tribune's John Wilkens: "An election like no other ended with a record number of ballots cast in San Diego County."

CALIFORNIA AND THE CAPITOL CORRIDOR

NOT AGAIN — "PG&E warns of possible power shut-offs in 15 counties Monday," via the SF Chronicle: "More than 8,500 customers in Napa and Sonoma counties could lose power early Monday as PG&E prepares for a potential new round of fire-prevention power shut-offs ahead of the arrival of dry winds across Northern California."

—"PG&E faces millions in fines for 'egregious and reckless' logging, roadwork in Santa Cruz Mountains fire area,'' by the Mercury News' Paul Rogers: "PG&E is facing fines that could total millions of dollars from Cal Fire and the California Coastal Commission — along with possible criminal penalties — for what those agencies say is overzealous logging and grading work the utility has been doing without permits in the Santa Cruz Mountains following the CZU Lighting Fire."

— "California may have sent $1 billion in jobless benefits to people outside the state, D.A.s warn ," by the LA Times' Patrick McGreevy, Anita Chabria and Richard Winton: "District attorneys from nine counties including San Diego, Sacramento and Riverside sent a letter to Gov. Gavin Newsom urging him to use his executive powers to increase resources investigating widespread unemployment benefit fraud involving prison inmates and to immediately check jobless claims against personal data of those behind bars."

— " San Diego DA investigating at least $5 million in suspected unemployment fraud by local inmates," by the San Diego Union Tribune's Greg Moran.

— "Judge dismisses 15 cases involving LAPD officers implicated in gang-framing scandal," by the LA Times' Matthew Ormseth and Ben Poston: "A clerk handed the judge a thick stack of folders that contained the felony cases of nine men, convicted of different crimes but having one thing in common: Their guilt rested on the word of three Los Angeles police officers now accused of falsifying records that mislabeled people as gang members."

— "California's 10-Year Plan For Early Learning Is Long On Proposals But Short On Funding," by LAist's Mariana Dale: "The Master Plan For Early Learning and Care, which was released by the state this week, would cost between $2 billion and $12 billion over the next decade."

FIRST FIRES, NOW THIS... "California's 'trillion dollar' mega disaster no one is talking about," by ABC's Jon Schlosberg, Ginger Zee, Stephanie Ebbs and Lindsey Griswold: "The sheer amount of rain means parts of the San Francisco Bay area, Los Angeles, San Diego and Sacramento would all be underwater. It would cause thousands of landslides, major dam failures and decimate the state's entire agriculture industry. It might sound like a scene from a post apocalyptic movie, but this type of storm is not only possible, it's happened before."

LA LAYOFFS — "L.A. looking at layoffs for as many as 1,900 workers, including 951 police officers ," by the LA Times' David Zahniser, Richard Winton and Dakota Smith.

'FAKE NEWS' CLAIMS FROM THE LEFT— "SF Board of Supervisors' Revision of Newspaper Contracts Sets a 'Troubling' Precedent in SF, attacks on local press," via Annie Gaus for PublicCommentSF: Supervisor Dean Preston, who has received critical coverage in The Marina Times, said he considers their reporting illegitimate, likening the coverage to 'disinformation' and 'personal attacks,' also citing a tweet that he deemed threatening.

SF CITY HALL SCANDALS — "Former S.F. Mayor Ed Lee — code name '35' — turns up in City Hall corruption probe ," by the SF Chronicle's Phil Matier: "Lee died of a heart attack in December 2017, but if he were still alive and the meetings occurred as the texts suggest, then the 'boss' or '35' might be in need of a lawyer."

— "Juliet Ellis is second SFPUC official to exit — also under federal scrutiny," by the SF Chronicle's Phil Matier: "Although it lacks the fireworks of her boss Harlan Kelly's departure, a second San Francisco Public Utilities Commission official who has come under FBI scrutiny, Juliet Ellis, assistant general manager for external affairs, has announced her exit from the agency as well."

SILICON VALLEYLAND

— "Despite shuttered campuses, some Silicon Valley tech firms still paying cafeteria workers, janitors," by the Mercury News' Laurence Du Sault: "While some tech companies have decided to let janitors and cafeteria workers go, most — including graphics chip-maker Nvidia, Apple, Facebook and Google — have kept contracted service workers on the books even as they stay home, according to experts, workers and labor unions."

HOLLYWOODLAND

— "Barbra Streisand Is, as Ever, Firmly in Control," by NYT's James B. Stewart.

— " Most U.S. Consumers Still Uncomfortable Going to a Theater in Next Six Months, Survey Finds," by Variety's Todd Spangler.

— "Movie Theaters Aren't Dying—They're Being Murdered," by Jeet Heer in the Nation: "It's entirely possible that the long-term project of companies like Disney and Warner Media is to drive independent movie chains out of business and then set up their own theater chains, so they won't have to split the profit. In such a scenario, moviegoing would be even more dominated by a handful of media giants."

CANNABIS COUNTRY

— "California cannabis companies will have to pivot, again, under new stay-at-home order," by Marijuana Business Daily's John Schroyer: "The good news for California marijuana businesses is that the industry has again been categorized as "essential," meaning all companies will be allowed to continue business operations, the state's Bureau of Cannabis Control (BCC) noted in a news release."

MIXTAPE

— "Santa Cruz DA alleges dating site Match.com misled customers," by the Santa Cruz Sentinel's Jessica A. York.

THAT WAS FAST — " California monolith's removal by 'punks from SoCal' outrages locals," via Bay City News.

— "LeBron James wonders why California high school basketball can't be played," by Fox News' Ryan Gaydos: "Trying to figure out how there is College California basketball teams playing, soon to be Pro teams playing but not High School teams playing," James tweeted.

IN MEMORIAM

— "Long-time Bay Area horserace trainer succumbs to virus," by the Mercury News' Elliott Almond.

TRANSITIONS

— Cameron Demetre will be TechNet's new executive director for California and the Southwest.

BIRTHDAYS

Saturday: Evan Burfield is 44 … Esther Gluskin Winard … (was Friday): Jon Fleischman Dan Attias ... Adam Horowitz ... Ryan Kavanaugh

 

JOIN TUESDAY TO POWER FORWARD WITH WOMEN RULE: Americans have endured multiple crises in 2020, from the pandemic to the economic recession, racial injustices, and a highly contentious presidential election. Women have often led the way in helping the country navigate these crises and will continue to in the new year. Join us for the conclusion of "Powering Forward," a series of virtual conversations that has brought the Women Rule community together during a year that changed how women live, work, and lead. REGISTER HERE.

 
 

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