Friday, December 4, 2020

POLITICO California Playbook: NEWSOM issues regional STAY-AT-HOME ORDER — BALLARD charged — SCOTUS sends CHURCH challenge back — HARRIS names FLOURNOY chief

Presented by General Motors: Carla Marinucci and Jeremy B. White's must-read briefing on politics and government in the Golden State
Dec 04, 2020 View in browser
 
POLITICO California Playbook

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

Presented by General Motors

THE BUZZ: California will impose more coronavirus restrictions, and the latest round will put us right back where we started.

The pandemic came full circle on Thursday as Gov. Gavin Newsom revealed a new set of stay-at-home orders encompassing five multi-county regions. Nearly nine months after Newsom distinguished himself as the first governor in the nation to mandate a statewide lockdown, most of the state could be hunkering down at home once more, bereft of restaurants, playgrounds and gyms, by the end of the week (later this month, for the Bay Area). The three-week closures are pegged to ICU capacity — POLITICO's Victoria Colliver and Jeremy B. White have the details of what it all means.

Medical personnel prone a COVID-19 patient at Providence Holy Cross Medical Center in the Mission Hills section of Los Angeles, Nov. 19, 2020.

Medical personnel prone a COVID-19 patient at Providence Holy Cross Medical Center in the Mission Hills section of Los Angeles, Nov. 19, 2020. | AP Photo/Jae C. Hong

Rewind to March: While much of the nation reacted slowly to the pandemic's incipient phase , Newsom moved decisively to lock down his state and reaped the rewards. A hospital-crippling wave of cases didn't materialize, and California was spared the scale of mass death that New York experienced. Newsom and his public health team drew national plaudits for doing what was needed to contain the virus, economic fallout notwithstanding.

Newsom cited that experience Thursday as the rationale for this latest retreat. Asked to marshall evidence for halting activities like using playgrounds and dining outdoors, Newsom noted that months ago, "We avoided the surge that many other states experienced, particularly larger states, in that first wave." With cases again rising, Newsom said "that's the evidence" for a second lockdown, "and it's overwhelming."

Unlike in March, when we were all terrified by the sheer open-ended uncertainty of the pandemic's duration or devastation, the end is now in sight, with mass vaccinations months away. Newsom underscored that this is the time for vigilance, pleading with Californians to "set aside" cynicism and ideology so we can survive "the most challenging moment since the beginning of the pandemic." But if this is a moment of paramount risk, Newsom said, it is also a climax: "This is the final surge."

Of course, a lot has changed since this all started. Republicans who gave Newsom the benefit of the doubt are fed up with what they see as his imperious and evidence-light approach. After acting swiftly on aid packages that buoyed businesses and struggling workers, Congress has dithered for months on the next one. Businesses that survived the first lockdown and sank money into revamping their operations are now staring down annihilation. Exhausted Californians are reaching the limits of their stoicism as they worry about making rent, struggle with a cartoonishly dysfunctional unemployment system and increasingly question the judgment and credibility of leaders who have undercut their orders with ill-advised gatherings.

Another curve ball could be coming: The Newsom administration dodged one Thursday as the U.S. Supreme Court allowed California to continue prohibiting indoor worship (as the stay-at-home orders would), kicking a challenge back to the lower courts. But the SCOTUS ruling last week ordering New York to resume religious services could still lead to the court eventually compelling California to do the same, Jeremy reports.

BUENOS DÍAS, good Friday morning. Even before Newsom unveiled the targeted lockdown, Hollywood was processing news of an industry-upending decision from Warner Bros. that sounded to some like a death knell for movie theaters. More below.

QUOTE OF THE DAY: "Maybe they should, in the states where it's now legal, get a good joint and just chill. Just chill." Former Gov. Jerry Brown's advice to progressives, via the SF Chronicle's Joe Garofoli.

TWEET OF THE DAY: San Francisco Mayor @LondonBreed responds to an SF Chronicle editorial excoriating her French Laundry dinner: "This criticism is fair. It doesn't matter whether something is technically allowed or not--I need to hold myself to a higher standard and I will do better."

BONUS TOTD — @NateSilver538: "Not that I had a particularly high opinion of it before, but the irrational and not-very-science-driven regime of COVID policies in California, coupled with the hypocrisy of so many elected officials there, has really lowered my opinion of the quality of governance in that state."

SPOTTED: Former SF Mayor Willie Brown had lunch Thursday at John's Grill with the newly appointed French Consul General Frederic Jung — "and brought his laundry,'' publicity guru Lee Houskeeper said.

WHERE'S GAVIN? Nothing official announced.

 

A message from General Motors:

READY TO RISE TO THE CHALLENGE: When the nation needed PPE and ventilators, GM and UAW workers came together and came through. We turned around an automotive facility in four weeks, and in four months delivered 30,000 critical care ventilators to hospitals and the National Strategic Stockpile. This team's experience, skill, and determination has solved challenges for the nation for a long time. Whatever comes next, we'll be ready for that too.

 
TOP TALKERS

POLITICO SCOOPProminent Democratic strategist and Newsom adviser facing domestic violence charges, by POLITICO's Carla Marinucci: Prominent California Democratic strategist Nathan Ballard — a longtime friend and adviser to Gov. Gavin Newsom — was arrested and jailed on two felony domestic violence charges in Napa that include an allegation of attempting to suffocate a four-year-old child with a pillow.

Ballard, 51, was booked on Oct. 18 on two felony charges of willful cruelty to a child with possible injury and death, and domestic violence, according to documents on file with the Napa County Sheriff's Office, shared with POLITICO. He will be formally charged Thursday, according to Napa County Assistant District Attorney Paul Gero.

AND THERE'S MORE: In a text Thursday to Carla, Ballard insisted on his innocence. "I've spent my career in crisis communications fighting on behalf of the wrongfully accused, and now for the first time I really know what it feels like to be in their shoes. I will be exonerated. I love my children more than anything on earth, and we will be reunited." His attorney Anthony Brass told us in a statement that Ballard is recovering alcoholic, relapsed in the wake of his father's recent death and is now in rehab.

Ballard's longtime political connections to both Newsom and first partner Jen Siebel Newsom pose some sticky political problems. Ballard's website lists him as a board member of The Representation Project, Siebel Newsom's nonprofit dedicated to advocacy for women. Soraya Chemaly, executive director of the organization, said Thursday in an email that Ballard resigned on Oct. 18 — a day after the alleged incident— and gave no reason for his departure. Jesse Melgar, the governor's spokesperson, declined to comment on the Ballard arrest.

FINAL FOOTNOTE: Brass, Ballard's attorney, contacted POLITICO Thursday night and said he was retracting this part of his statement: "Nate's previous wife would testify under oath that he has never been violent toward her, their minor son, nor their minor daughter." Stay tuned.

POST-THEATER REALITY? — "Warner Bros. Smashes Box Office Windows, Will Send Entire 2021 Slate to HBO Max and Theaters," by the Hollywood Reporter's Aaron Couch and Pamela McClintock: "The unprecedented move is likely to catch theater owners off guard and upsets a model that has been in place for decades. Warner Bros. stresses that these are pandemic-only rules, but once something is broken, can you really put it back together again? This also raises serious concerns about the landscape of movie-going in 2021."

CORONAVIRUS UPDATES

NO SHOW OF FORCE — "LA County Sheriff: Deputies will not enforce Gov. Newsom's stay-at-home order at businesses," by Fox 11's Bill Melugin and KJ Hiramoto: "Deputies in Los Angeles County are not expecting to go all-out in enforcement at businesses if -- or when -- Governor Gavin Newsom's new stay-at-home order kicks in for Southern California. LA County Sheriff Alex Villanueva explained enforcement at businesses is the health department's job, not his deputies."

REACTING POORLY — "Breweries, hair salons and other businesses hurt by pandemic brace for additional lockdowns ," by the San Diego Union-Tribune's Mike Freeman, Jennifer Van Grove, Andrew Dyer, Phillip Molnar: "San Diego restaurants, hotels, hair salons and breweries bristled at the prospect of further COVID-19 restrictions announced Thursday by Gov. Gavin Newsom — particularly new regional criteria that lumps their fate together with Los Angeles, Riverside and other Southern California counties with higher hospitalization rates."

— " Inland Empire angry, resigned to Newsom's new coronavirus lockdown," by the San Bernardino Sun's Ryan Hagen, Jeff Horseman and Beau Yarbrough.

ACTING EARLY — "Alameda County may impose restrictions before available ICU beds drop to 15% of capacity," by the SF Chronicle's Lauren Hernández.

— "Charts show the evolution of the pandemic in California and Bay Area counties," by the SF Chronicle's Kellie Hwang: "A look at the progression of the pandemic as a whole shows two clear surges statewide and in most Bay Area counties: one in the summer, and one happening now. The state's overall trajectory somewhat mirrors that of the Bay Area, especially in the most populous counties."

TRANSITION TIME

Harris taps Tina Flournoy as chief of staff, by POLITICO's Quint Forgey: Reports first emerged earlier this week that Vice President-elect Kamala Harris would tap Tina Flournoy, former President Bill Clinton's chief of staff and a seasoned Democratic operative, as her most senior staffer in the incoming administration. The latest personnel moves mean that three more women will serve as some of the highest-ranking and most politically powerful aides in the next White House.

 

TRACK THE TRANSITION: President-elect Biden has started to form a Cabinet and announce his senior White House staff. The appointments and staffing decisions made in the coming days send clear-cut signals about Biden's priorities. 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.

 
 
CAMPAIGN MODE

IN LG'S CORNER: Assembly Speaker Anthony Rendon endorsed the 2022 Secretary of state bid of Democratic Assemblymember Lorena Gonzalez . The endorsement isn't much of a surprise given Rendon's tightness with Gonzalez — he elevated her to the coveted Appropriations Committee chair position — but we are watching the 2022 contest as a proxy for internal Assembly Democrat tensions, with fellow Democratic Assemblymember Evan Low also in the ring.

CÁRDENAS LOSES — Democrats elect Rep. Sean Patrick Maloney to lead campaign arm, by POLITICO's Sarah Ferris and Ally Mutnick: Maloney, who represents a New York battleground district, defeated Rep. Tony Cárdenas (D-Calif.) in a hard-fought — and closely watched — contest to lead the Democratic Congressional Campaign Committee. He will take on the task of shielding a slim majority in the first two years of a new Democratic president and under a new set of district lines drawn in large part by Republicans.

GAVINLAND

FIRST IN PLAYBOOK Angie Wei to be named Newsom's new legislative affairs secretary, by POLITICO's Carla Marinucci: Wei, 48, of Sacramento, built her reputation in the Capitol as a formidable labor advocate before joining the Newsom administration when Newsom became governor. She has been temporarily serving as legislative affairs secretary since Anthony Williams departed Sept. 1 and previously served as Newsom's chief deputy for policy from 2019 to 2020.

"From the first day of my Administration Angie has been a trusted adviser who comes to her work with the interest of the people of California in her heart," Newsom said in a statement to POLITICO. "I can think of no one better to serve in this important role of partnering with the legislature as we continue to help lead California through this unprecedented time toward a healthier, safer[,] more inclusive future for all."

— ANOTHER COVID CASE IN THE CAPITOL: Another member of Newsom's office staff has tested positive for Covid-19, spokesperson Melgar said last night. "As soon as our office was informed of this positive test, our Director of Operations initiated the state's COVID-19 protocols for state agencies,'' Melgar said in a statement. The office is working on contact tracing; meanwhile, the individual — unnamed for privacy reasons — has been working remotely for weeks and has not been in contact with Newsom or his family, who remain in quarantine.

CALIFORNIA AND THE CAPITOL CORRIDOR

— "California Republican accused of 2015 rape by former Capitol staffer," by the OC Register's Brooke Staggs: "Patricia 'Trish' Todd is at least the sixth woman to accuse Brough of sexual assault or harassment in the past 10 years. One civil investigation resulted in minor sanctions for Brough earlier this year. Todd is the first to publicly claim Brough raped her."

THEY'RE NOT PLAYING — "Angry parents won't let officials slide over closed playgrounds, packed malls," by the LA Times' Hailey Branson-Potts: "Los Angeles County closed outdoor public playgrounds this week as part of a set of restrictions meant to slow an unprecedented surge in coronavirus cases. To many parents confounded by an array of official dictates — playgrounds and in-person schooling closed but malls open for business and packed with shoppers — a line in the sandbox has been crossed."

— "Students missing: A South LA high school confronts pandemic's heavy toll ," by CalMatters' Ricardo Cano: "By the first week of October, several classes at the Communication and Technology School had more than 70% of their students failing. Many were not logging in. The dropout rate had noticeably increased from prior years, particularly among newcomer students. Technology problems — from weak wifi signals to broken iPads — plagued more than half the student body."

PERPETUAL FIRE SEASON — " Weary Orange County residents face another round of wildfire evacuations," by the LA Times' Stephanie Lai: "The latest blaze, the Bond fire, erupted Wednesday night. By midday Thursday, it had exploded to more than 7,000 acres with 0% containment."

— "Power shut off to over 50,000 amid dangerous winds as fires burn in Southern California," by the LA Times' Hayley Smith: "The utility company initiated the public safety power shutoff across seven counties late Wednesday in an effort to prevent its electric system from becoming a source of ignition, Edison spokesman Ron Gales said."

GARCETTI'S PLAN — "Our stimulus plan will rescue renters," Los Angeles Mayor Eric Garcetti, Miami Mayor Francis Suarez and Kairos CEO Ankur Jain opine for CNN: "Among a bipartisan coalition of mayors and local legislators, we're pushing forward with a Renter Stimulus Plan, which would unlock a $45 billion stimulus at the local level — an average of nearly $1,400 per American renter."

GOING UNDERWATER — "Rising seas: California's affordable housing faces worse floods," by CalMatters' Julie Cart: "A new study published this week projects that the number of affordable housing units at risk of flooding in the United States is projected to more than triple by 2050. … Three Bay Area cities are included in the top 20 at-risk cities in the United States identified by the researchers: Corte Madera in Marin County, Foster City in San Mateo County and Suisun City in Solano County."

 

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SILICON VALLEYLAND

COVID MISINFORMATION CRACKDOWN — "Facebook says it will remove coronavirus vaccine misinformation.," by the NYT's Mike Isaac: "The company had previously made it more difficult to find vaccine misinformation that was not related to the coronavirus by 'downranking' it, essentially making it less visible in people's news feeds. But Facebook said it planned to take down Covid-19 vaccine falsehoods entirely if the claims had been discredited or contradicted by health groups including the World Health Organization, the United States Food and Drug Administration and the Centers for Disease Control and Prevention."

AND MOVES ON HATE SPEECH — " Facebook is overhauling its hate speech algorithms," by WaPo's Elizabeth Dwoskin, Nitasha Tiku and Heather Kelly: "The overhaul, which is known as the WoW Project and is in its early stages, involves re-engineering Facebook's automated moderation systems to get better at detecting and automatically deleting hateful language that is considered 'the worst of the worst,' according to internal documents describing the project obtained by The Washington Post."

— " Google's Co-Head of Ethical AI Says She Was Fired for Email," by Bloomberg's Dina Bass, Shelly Banjo and Mark Bergen: "The email and the firing were the culmination of about a week of wrangling over the company's request that Gebru retract an AI ethics paper she had co-written with six others, including four Google employees, that was submitted for consideration for an industry conference next year, Gebru said in an interview Thursday. If she wouldn't retract the paper, Google at least wanted the names of the Google employees removed."

HOLLYWOODLAND

VIDEO KILLED THE RADIO STATION — "Walt Disney Co. shutting down influential Radio Disney after two decades," by the LA Times' Anousha Sakoui.

— " Actors Sue SAG-AFTRA Over Cuts To Health Care Benefits," by NPR's Anastasia Tsioulcas: "The suit was filed Tuesday in a California federal court. The plaintiffs say that that in August of this year, the union made "draconian" cuts to their benefits, citing the coronavirus crisis — at a time when many actors are already out of work because of the pandemic."

 

NEXT WEEK - DON'T MISS THE MILKEN INSTITUTE FUTURE OF HEALTH SUMMIT 2020: POLITICO will feature a special edition Future Pulse newsletter at the Milken Institute Future of Health Summit. The newsletter takes readers inside one of the most influential gatherings of global health industry leaders and innovators determined to confront and conquer the most significant health challenges. Covid-19 has exposed weaknesses across our health systems, particularly in the treatment of our most vulnerable communities, driving the focus of the 2020 conference on the converging crises of public health, economic insecurity, and social justice. Sign up today to receive exclusive coverage from December 7–9.

 
 
MIXTAPE

— "S.F. supes again condemn Zuckerberg's name on city General Hospital," by the SF Chronicle's Michael Cabanatuan.

— " A thorny land conservation dispute takes root in the wilds of Tejon Ranch," by the LA Times' Louis Sahagún:

— "Partner in California Ponzi scheme case pleads guilty — will he flip on sea scooter pal?" by the Sac Bee's Sam Stanton.

— "State senator slams BART for approving early labor contract during financial tumult," by the SF Chronicle's Mallory Moench.

— "Photos: Brush fire in Orange County prompts evacuations," via the LA Times.


BIRTHDAYS

Rep. Grace Napolitano is 84 …Jennie Westbrook Courts, vice president at the Information Technology Industry Council … Kate Folmar, deputy secretary for external affairs at the California Health and Human Services Agency … Ashley (Nerz) Levey of LinkedIn comms … Rachael Lighty of Amazon

CALIFORNIA POLICY IS ALWAYS CHANGING: Know your next move. From Sacramento to Silicon Valley, POLITICO California Pro provides policy professionals with the in-depth reporting and tools they need to get ahead of policy trends and political developments shaping the Golden State. To learn more about the exclusive insight and analysis this subscriber-only service offers, click here.

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