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By Tracy Emblem

Tracy EmblemTakes on Nukes: America Should Reconsider its Bail-out of the Nuclear Power Industry...

America Should Reconsider its Bail-out of the Nuclear Power Industry

No new nuclear power plants have been built in the United States since the late 1970's.

However, in 2009, Senator Lamar Alexander from Tennessee unveiled his blueprint to build 100 nuclear power plants within the next 20 years.  Even with the nuclear power plant crisis unfolding in Japan, the senator insists that nuclear energy is safe and continues to call on the federal government to guarantee loans for nuclear power plants with tax payer dollars.

According to the Institute for Southern Studies, the nuclear industry has spent at least $640 million lobbying during the last decade.

Although there are several deep budget cuts proposed for social and environmental programs, President Obama has budgeted another $36 billion dollars in loan guarantees even though the nuclear industry should be seeking private marketplace financing for new construction. This amounts to a bailout for the nuclear industry.

The federal guarantees were first authorized by Congress in 2005. The New York Times reports that "a one-sentence provision" was buried in the energy bill and inserted without debate at the urging of the nuclear power industry, making nuclear plants classified as clean energy and eligible for tens of billions of dollars in government loan guarantees.

Apparently the lessons learned from the 1986 Chernobyl power plant reactor meltdown that caused the worst nuclear accident in history were forgotten. In the United States in 1979, we almost had a partial meltdown at Three Mile Island but the reactor was brought under control just in time.

With the meltdown of nuclear reactors in Japan, our government leaders, charged with protecting the health and safety of our citizens, should carefully evaluate the risks of nuclear power plants.

No matter how the industry spins it, nuclear power is not safe and will never be until the waste problem is solved. Thirty years later, we have not solved the dilemma of storing nuclear waste or the problem of what to do with the weapons-grade plutonium. It only takes about 18 pounds of plutonium to build a nuclear weapon. 

In the United States, more than 60,000 metric tons of nuclear waste is stored in temporary storage facilities at 131 civilian and military sites around the country. The current storage solutions are only expected to last 100 years, while nuclear waste can remain lethal for 100,000 years or more.  The government has no long term plan to store the waste and insure the waste does not remain an environmental hazard.

 

We must also consider the weapons proliferation risk in an age of transnational terrorism in addition to the risk of an environmental accident. These are just some reasons why we must adopt alternative renewable energy standards and use renewable energy sources rather than build 100 more nuclear power plants.

In the United States, a conservative solution is to invest in clean energy sources that do not pose risks inherent in nuclear energy production and storage. These sources include creating bio-energy from plant matter or animal waste. For example, in Northern California, Pacific Gas and Electric Company and BioEnergy Solutions are building an innovative bio-gas project in Fresno County to deliver renewable natural gas derived from animal waste, reducing the carbon footprint at its source.

In San Diego, San Diego Gas and Electric Company has announced a partnership in a wind project on the Campo reservation using renewable energy. This month SDG&E also announced a 25-year contract to generate solar energy from a proposed 1,057-acre solar energy facility near El Centro which would create almost 300 construction jobs in a two-year period.

Rather than subsidizing nuclear power plants or off-shore drilling, an alternative approach is needed. Using concentrated solar energy we could power the entire United States annually.  The public already owns the right-away along the state and interstate highways. It does not take a lot of imagination to conceive of a solar-electric array 100 feet wide and 100 miles long, or any number of miles. Since the highways pass through cities that need electricity we would have connectivity where every American could see their tax dollars at work.

While those in favor of building nuclear power plants argue that nuclear energy is inexpensive, they have not factored in the costs and risks associated with the building and maintenance of storage facilities for the nuclear waste or the cost to our people's health and the environment if there is a problem with the nuclear reactors.  If they had to factor in the cost of insurance to pay for these risks, nuclear energy would not be inexpensive.

America should have vision. Consequently, the United States should consider phasing out its nuclear power plants over the next generation and begin investing in other safer renewable energy sources. We can lead the world in clean energy technology.

By Tracy Emblem

Tracy Emblem Takes On Poverty: Subsidized childcare breaks the cycle of poverty

Subsidized childcare for low income families is supported in full or in part on a sliding scale basis by federal and state taxpayer dollars. In San Diego County, subsidized childcare and child development programs include state funded preschools, CalWORKS, Head Start programs, and a network of other alternative payment programs.

Federally funded Head Start programs help preschool children from poor homes meet their social, health, nutritional and psychological development needs. However, recently the House of Representatives has proposed federal budget cuts to Head Start which will result in nearly 17,000 California children being dropped from the programs.

California's legislature is also contemplating heavy funding cuts of 35-percent or $760 million dollars from childcare and child development budgets. These cuts will target infant-toddler programs and preschool and after-school programs for children ages 0-12 years.

Unfortunately, these childcare funding cuts are short-sighted and could put more marginal families and children at risk and cost us more in the end.    

CalWORKS childcare is a crucial component of the federally mandated Welfare-To-Work program. Since 1997, over 400,000 have graduated from the program. Stage 1 childcare is administered through local county welfare departments. Stages 2 and 3 are administered by the California Department of Education. There are imposed time limits on Stages 1 and 2 childcare. A family moves into Stage 3 when they have "timed out" on the first two stages and for as long as the family remains otherwise low-income qualified for childcare programs.

Subsidized childcare allows a parent to work, look for a job, or attend a work-training program or school with a defined graduation plan. Self-sufficiency is the goal - to lift families out of poverty, and off of the welfare rolls and into taxpaying jobs

Consider what it could mean to a single mother if her subsidized childcare is eliminated. With childcare she can work and make a productive contribution. However, without childcare her options are bleak. One option is to quit her job; another is to leave her children home alone or with someone not properly trained and licensed.

These last two options could leave the children at risk. Underground childcare is a breeding ground for poverty and child neglect. In fact, the greatest increase in foster care over the past 5-years has been for children who are still infants and toddlers.

Early childhood education programs also provide school readiness and save government dollars which would need to be spent on K-12 education, child welfare, and even the criminal justice system.

 

 

Subsidized child care provides a socio-economic return on investment by helping to break the cycle of poverty and giving poor families a helping hand-UP -  not a hand-out. A 2009 Cornell study reports that every $1 invested in childcare yields a direct return of $3.50. 

Certainly, there will always be those individuals who know how to "game" the state welfare system and those who want to cut funding for programs that help the poor will rely on this fact. But the socio-economic value to the many thousands of children who receive subsidized childcare and early childhood education each year far outweighs the few bad apples.

 

It is easier for elected officials to cut programs that benefit poor children since children cannot vote. However, in making tough budget decisions, elected officials should also examine other wasteful spending before gutting critical safety-net programs like childcare. 

For example, the Defense Department paid $285 billion dollars to about 100 contractors who defrauded taxpayers between 2007 and 2009. In January, the federal government reported that it recaptured $4 billion dollars from pharmaceutical companies, hospitals, doctors, nursing homes and others who overcharged federal health-care programs last year. These were not the "poor" gaming the system.

Our elected officials should carefully consider the benefits of subsidized childcare programs and not derail nearly 70-years of progress in building a system of high quality childcare, early education and early intervention.

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Tracy Emblem is an appellate attorney who has lived in Escondido since 1964. She received her law degree from National University School of Law in 1989, after working at the California Attorney General’s office, writs and appeals division.

Working closely with her longtime husband, attorney Thor Emblem, she supervises the civil research on the firm’s major cases and has authored numerous civil and criminal writs and appeals which have been published in the California courts. Known for solving seemingly impossible cases, special writs of habeas corpus.

Tracy ran as a candidate in the June 2010 California Democratic primary for the 50th Congressional District's nomination and lost despite building many coalitions and receiving many state and national endorsements for a first time candidate. 

Tracy often writes about important issues facing our communities and nation. Contact her at tracy@emblemlaw.com.

By Tracy Emblem

Tracy Emblem Takes On Higher Education Funding Cuts: What Would Thomas Jefferson Do? Californians Benefit from Funding Higher Education...

For years, California has had the best publicly funded colleges and universities in the nation, which fueled the state's innovation and thriving economy.  However, budget deficits have caused our state-funded colleges to shoulder painful funding cuts. Currently, the UC and CSU systems and our state community colleges are facing $1.4 billion in funding cuts.

Californians Benefit from Funding Higher Education 

Tax-and-spend rhetoric leaves voters to ask why taxpayers should help fund someone else's college education.  The answer is simple: California's taxpayers benefit -- both directly and indirectly -- from publicly funded education, and our communities are strengthened from these institutions.

For example, in San Diego County, Cal State San Marcos generates an impact of $228.6 million on the regional economy, and more than $327.5 million on the statewide economy. For every dollar invested by the state, CSUSM generates $5.43 for California's economy. That's a huge return on the taxpayers' investment.

 California community colleges also impact California's economy. For every dollar invested in community college education, the state's revenue is increased by $3. More than 70 percent of California's higher education students are enrolled in community colleges, which results in great dividends for the job market.

Community colleges are a bargain because they help turn out a better trained, higher paid work force. Many jobs today require specialized skills, more than a high school education but less than a four-year degree. Community colleges offer courses to upgrade job skills with vocational certificates, which many need for job opportunities.

California's community colleges provide job training certificates in more than 175 different fields. Community colleges train workers in the fastest growing segments of the economy: health care, information technology, energy and the environment.

The business community also partners with California's community colleges to train workers. Students can be employed during the day while attending night school classes to upgrade their education and job skills.

Community colleges have a general education transfer program that allows students to attend and transfer to a four-year university. For many local families, particularly now during the economic downturn, this allows their children to live at home while attending school.

 

 

Higher-paying employment in our communities means more disposable income, which then enters the stream of commerce and is spent in our local economies. Additionally, taxpayers benefit when more people become self-sufficient and no longer need government aid.

 Thomas Jefferson understood and fought for public education. His belief that all Americans should have the opportunity through attending public schools to obtain an education contributed to the success of our nation.

Unfortunately, with the state's proposed budget cuts, an estimated 350,000 students statewide will be turned away next year at the community college level, weakening our competitiveness in the work force.

UC San Diego contributes $7.2 billion to California's economy.  In 2009, U.S. News and World Report ranked UC San Diego the seventh-best public university in the nation. UC San Diego's Jacobs School of Engineering is ranked 17th among engineering schools, and the university's biomedical engineering department is ranked fourth in the nation. UCSD also enrolls quality medical research students who conduct groundbreaking research for drug therapies, medical equipment and devices, and advancements in patient care that benefit everyone.

California taxpayers should carefully consider the cost-benefit analysis, because when we cut public funding for these institutions, we cut our state's economic advantage and future prosperity.  California's economy is the eighth largest in the world. We need to continue funding higher public education to maintain our workforce.

In slashing higher education budgets, we destroy what it means to be the best and the brightest. Even though we were in a recession in the 1980s, President Ronald Reagan invested heavily in science and education and it kept America on top. We must continue that tradition by funding higher education in California.

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Tracy Emblem is an appellate attorney who has lived in Escondido since 1964. She received her law degree from National University School of Law in 1989, after working at the California Attorney General’s office, writs and appeals division.

Working closely with her longtime husband, attorney Thor Emblem, she supervises the civil research on the firm’s major cases and has authored numerous civil and criminal writs and appeals which have been published in the California courts. Known for solving seemingly impossible cases, special writs of habeas corpus.

Tracy ran as a candidate in the June 2010 California Democratic primary for the 50th Congressional District's nomination and lost despite building many coalitions and receiving many state and national endorsements for a first time candidate. 

Tracy often writes about important issues facing our communities and nation. Contact her at tracy@emblemlaw.com

By Barry Jantz

Let Rancho Santa Fe's 74th California Assembly District Speculation Begin: Hodges announces; Waldron, Emblem, Muir?

A comprehensive first look into the race to succeed Martin Garrick, of Solana Beach, who is in his final term in the State Assembly..

 

EDITOR'S NOTE: 

 Retired 16-year La Mesa councilman Barry Jantz has become an active conservative blogger. He turned his sights, and sites, Tuesday, Feb. 8 to the unfolding, and enfolding, question of who will succeed Martin Garrick as representative of the 74th California Assembly District.

Garrick, of Solana Beach, the former Republican caucus leader, is retiring due to term limits. So is the 74th District for that matter. A special people's commission will redraw state districts based on the 2010 census.

Let the speculation begin then.

Jantz looks at the race from the Republican perspective in a redrawn 74th District, or its equivalent across Rancho Santa Fe and North County.

On the Democratic side, many analysts believe the front-runner is Tracy Emblem, an Escondido attorney who ran a strong first race in the 50th Congressional District last year and has a column at Ah-Ha Rancho Santa Fe News.

For more from Jantz, follow his Twitter account  at http://twitter.com/#!/barryjantz which provides links to his various blogs.

-- Dan Weisman

Hodges First to Announce in Garrick’s Term-Limited 74th Assembly District — Are there Other Possible Contenders?

The geographic boundaries of a redrawn 74th Assembly District are yet to be determined, but a buzz is quietly building among political watchers regarding the likely field of Republican candidates next year, as Assemblyman Martin Garrick leaves the seat due to term limits.  The buzz may quickly become full blown, as longtime conservative GOP activist Sherry Hodges will soon make her candidacy official.

An open Assembly district would typically have a host of “for sure” candidates at least talking themselves up at this point, but with redistricting looming many are hesitant to say anything about a seat they’re not sure will include their homes, nor even guaranteed the number “74.”

The exception is Hodges, who on Friday confirmed that she will announce her campaign on February 17.  The move may result in some other currently cautious potential candidates to get more aggressive about their intentions, even if it may mean the reapportionment rug getting pulled out from below their places of residence later this year.

 Sherry Hodges’ Support and Background

Hodges has not so quietly worked the area hard the last several months.  She released a list of supporters, proving she has wasted little time on the proverbial endorsement drill.  She reports she has locked up State Senators Mimi Walters, Tony Strickland and Ray Haynes, Assemblymembers Diane Harkey and Jim Silva, and County Treasurer Dan McAllister.

She also notes she has the support of a number of local officials, some of whom might otherwise have been considered contenders for the seat themselves.  The list includes Mayors Matt Hall of Carlsbad, Jim Desmond of San Marcos, Judy Ritter of Vista, and Encinitas’ Jim Bond, as well as City Councilmembers Ann Kulchin (Carlsbad), Rebecca Jones and Kristal Jabara (San Marcos), John Aguilar (Vista), Kristin Gaspar (Encinitas), Jerry Kern, Gary Felien and Jack Feller (all of Oceanside), San Diego County Republican Party 1st Vice President Mike McSweeney, and Republican activist Mindy Fletcher.

 

Hodges started work as chief of staff to Assemblywoman Diane Harkey in neighboring AD 73 just last week, after serving as district director in Garrick’s office. She has also worked for then-Assemblyman Mark Wyland and as then-Assemblywoman Mimi Walters’ district director, also assisting Walters in her election to the State Senate.

From 1990 to 1994, Hodges served on the San Dieguito Union High School Board, where she gained a reputation rallying parents and community groups to fight against tax increases and to advocate for higher academic standards.  In 1995, State Assemblyman Howard Kaloogian honored her as his “Woman of the Year.”

Hodges currently represents AD 74 on the Republican Central Committee, also serving as 2nd Vice Chair of the Party.  She resides in Encinitas with her husband of over 30 years, and is the mother of four grown children.

“My background and passion comes from the grassroots,” said Hodges, ”fighting tax increases, working to reform our schools and increase government accountability. Add to that the experience I’ve gained in state government with Mark Wyland, Mimi Walters, Martin Garrick and Diane Harkey, and you’ve got a dedicated conservative who can have an impact in Sacramento from day one.  Now is the time to fight for the common good, the America we love.  To live on the side lines is not my style.  I am willing to get in the trenches, and my values are strong and unwavering.  I am determined to join conservatives in Sacramento in the on-going fight for limited government, self responsibility, and the freedom from personal and financial intrusion.”

“While it is very early,” said FlashReport Publisher Jon Fleischman,” and unclear what the boundaries of the 74th District will be, with the field of candidates yet to be determined, Hodges will be a formidable candidate.  Sherry has worked selflessly for many conservative candidates and causes for decades.  This kind of investment in time and energy can really pay off.”

Marie Waldron May Join the Fray

Longtime Escondido City Councilmember  Marie Waldron, who finished second to Garrick for the seat in the 2006 primary, may also consider a campaign effort.  “I am forming an exploratory committee to look at a run for the 74th Assembly in 2012,” she said. “Bolstered by overwhelming support, I have the encouragement of many people to consider a run for the seat.  I will continue to spend time listening to people in the district and I am looking forward to that opportunity!  I feel my experience as a successful business owner and city councilmember would enable me to represent the district well, especially in the areas of making our State business-friendly, cutting taxes and balancing the budget.”

Escondido City Councilwoman Marie Waldron has formed an exploratory committee for a possible run for state Assembly in 2012.

Waldron ran for Assembly in 2006, but lost to Martin Garrick of Solana Beach in the Republican primary. Term limits will force Garrick to leave the Assembly in 2012, giving Waldron another shot at the 74th District seat.

"Because the seat is up in 2012, I wanted to make sure I took an earnest look to see how I might fit in that district," Waldron said. "We're just taking a look and weighing the pros and cons."

-- North County Times, Feb. 8

Waldron is a conservative firebrand that – despite intense opposition from those disagreeing with her high profile positions on immigration and other lightning rod issues — enjoys substantial support throughout Escondido.  On Sunday, in a recap of the November city council elections, the North County Times noted the “popularity of Councilwoman Waldron” city-wide.

“Of the 65 precincts in the city where votes were cast in the council race, Waldron got the most votes in 48,” wrote NCT reporter David Garrick, “…but she received relatively strong support everywhere in the city…”

Assuming Escondido is included — and that’s not a definite — the city could be one of the most populous areas of a redrawn AD 74, further bolstering Waldron’s chances.

It’s safe to say that a potential matchup between conservatives Hodges and Waldron in the 2012 primary would be quite a race to watch.  Yet, of course, there may be a boat load of other contenders.

Other Potential Candidates

 Also said to be seriously eying a run is Mark Muir, a three-times elected board member of the Olivenhain Municipal Water District and fire chief of the recently consolidated City of Del Mar, Encinitas, and Solana Beach departments.

Encinitas Councilmember Jerome Stocks, also a Rostra blogger, has long been considered a potential candidate for higher office, and he did consider running for AD 74 in 2006.  However, he said he will not run for Assembly in 2012.  “My role as an actively involved dad to my age six-year-old daughter and 15-year-old son preclude me from staying in Sacramento four or five days each week,” said Stocks.  “I will continue to advocate for improvements locally and regionally, as well as for our state as an Encinitas councilman, a North County Transit District board member, and chairman of the San Diego Associations of Governments.”

A look at the seven cities largely making up the current 74th district — Carlsbad, Del Mar, Encinitas, Escondido, San Marcos, Solana Beach and Vista — and taking into account Hodges has support from five of the mayors and a handful of councilmembers in those communities, it’s difficult to ascertain what other local Republican elected officials remain that would both be interested in running and bring a formidable name to the race.

Certainly, newly elected Escondido Mayor Sam Abed would be a credible name, but just coming off a hard fought mayoral victory in his city may mean he has no interest only two years into office.

Interestingly, some analysts conjecture that neighboring Assembly District 73, represented by Assemblymember Diane Harkey, could be wholly swallowed up by Orange County in the upcoming reapportionment.  About one-third of AD 73 currently overlaps San Diego County, with nearly all of the City of Oceanside included within its boundaries. If the 73rd District does indeed move north, the newly drawn AD 74 could include Oceanside.  Again, however, Hodges’ endorsement list already includes Republican Oceanside Councilmembers Kern, Felien and Feller (as noted above).

Yet, following the original iteration of this piece appearing on theFlashReport yesterday, Councilman Kern contacted me.  “I have been approached by some prominent business interests here in North County asking me to consider running for the 74th AD IF Oceanside is included in the redrawn lines for the District,” he said.  “I did endorse Sherry Hodges several weeks ago well before I was approached by these potential backers.  As for right now I am weighing my options and waiting to see how the district is drawn.”

Vista Unified School District Board Member Jim Gibson, as a prior Assembly candidate, could also be expected to mull a run if Oceanside lands in the 74th district.

Former Del Mar Councilmember Crystal Crawford, the Democratic nominee defeated by Garrick in 2010, has filed papers to run again next year, as previously reported by Jim Sills on Rostra. She clearly hopes redistricting will provide a more competitive seat in which to run, after losing 55-38 percent in the current GOP stronghold.

Other Others, Anyone?

 As we’ve come to expect, the names of any potential contenders not mentioned here could be of significant interest.  The surprise candidates often flesh out the final field, especially if they are viable and/or bring financial resources to a race. If I failed to mention you or you’re aware of someone considering a run in AD 74 — wherever it may end up — please email me here.

Lastly, it should be mentioned that not included on Hodges’ current list of supporters is incumbent Garrick, who himself may be cautious about endorsing in a seat with to-be-decided boundaries.  He may also simply want to sit this one out, given the likelihood he vies for State Senate in 2014.  Clearly, if and when he decides to support a candidate, that will be of substantial interest.  I will of course try to break that news on these pages.

By Tracy Emblem

(Editor's Note: Ah-Ha Rancho Santa Fe News has given Mr. Bilbray -- or rather his office, since they are the gatekeepers -- numerous opportunities to respond to questions about his votes with no response. Following Mr. Bilbray's non-vote on the DREAM ACT, we print Tracy Emblem's view and invite any responses. -- Dan Weisman)

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DREAM Act - Vote Passed (216-198, 20 Not Voting)

The House passed this measure that would provide a path to legal status for certain undocumented children brought into the U.S. illegally by their parents. Shortly before the vote, the House voted to replace the language of a bill further along in the legislative process with the language of the DREAM Act. The Senate may take up the bill the week of December 13.

Rep. Brian Bilbray voted Not Voting......send e-mail or see bio 
...

North County's Biggest Hypocrite

By Tracy Emblem

Mirror, Mirror on the Wall - Who is the Biggest Hypocrite representing us in Congress - Of All?

It's North County's  Congressman Brian Bilbray. He Chairs the House Immigration Reform Caucus. He uses the media to bash immigration, immigrants and the DREAM Act.

Bilbray sued to strike down California's version of the DREAM Act which allowed those who meet residency requirements to pay in-state tuition in California.

In September, Bilbray made this statement:  "The DREAM Act is a nightmare...Giving amnesty to illegal immigrants is not reform, it is an insult to every person going through the immigration process legally."

Bilbray wrote an anti-DREAM Act manifesto published in The Hill stating: "Something to consider before casting a vote for the DREAM Act."  Bilbray illogically claimed that Congress and the business community share the responsibility for 72 murders of migrant workers in Northern Mexico.

Bilbray told Fox News that the Dream Act was really "amnesty."

So what action does this anti-amnesty advocate take when he is required to put his action where his mouth is - and vote on the DREAM Act on December 8? 

HE DOESN'T VOTE AT ALL -

 


By Tracy Emblem

Why the Bush-Era Tax Cuts Should Not be Extended to the Nation's Top 2-percent

Senate Republican leader Mitch McConnell argues that increasing taxes on the nation's top 2-percent would hurt small businesses. However, legislation enacted by Congress this year encourages job creation and gives tax breaks to small businesses.

In March, President Obama signed the HIRE Act to promote job creation. The Act exempts private-sector employers that hire workers who have been unemployed for at least 60 days from having to pay the employer's 6.2% share of the Social Security payroll tax for the remainder of 2010. Additionally, businesses were eligible to receive a $1,000 tax credit in 2011 for retaining the worker on the payroll for a continuous 52 weeks.

Later this year in September, President Obama signed a "Small Business" bill which included several tax breaks. Some of the tax breaks are:

An Immediate Expense on Capital Investments. One provision increased to $500,000 the amount of investments that businesses would be allowed to write for 2010 and 2011, while raising the level of investments at which the write-off phases out to $2 million.

Zero Capital Gains Taxes on Certain Investments. Another provision bestows tax relief to over one million small businesses eligible to receive capital gains breaks, and if the investments are held for five years or longer, the transactions could be completely excluded from capital gains taxation.

Carry-back of General Business Credits. The bill provides a five-year offset of general business credits providing businesses with a tax break this year and also allowing credits to offset the Alternative Minimum Tax, reducing taxes.

Extension of the 50% Bonus Depreciation.  The bill extends a 50-percent "bonus depreciation" through 2010, giving 2 million businesses, large and small, tax cuts this year by accelerating the rate at which they deduct capital expenditures.

 

A Deduction for Health Insurance for Self-Employed. Over 2 million will be able to deduct the cost of health insurance for themselves and their family members in calculating self-employment taxes.

The Bush era tax cuts helped contribute to our ballooning deficit. David Stockman, a conservative Republican, who was director of the Office of Management and Budget under President Reagan, said he believes that Reagan would not have supported extending the Bush tax cuts of today. Stockman told National Public Radio this August that extending the tax cuts would be akin to a bankruptcy filing by Congress and the White House.

Let's give the new legislation which provides tax breaks and job incentives for "small businesses" time to work before blindly accepting McConnell's argument that allowing the Bush-era tax cuts to expire would hurt small businesses. We must start closing the deficit gap.

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Tracy Emblem is an appellate attorney who has lived in Escondido since 1964. She received her law degree from National University School of Law in 1989, after working at the California Attorney General’s office, writs and appeals division.

Working closely with her longtime husband, attorney Thor Emblem, she supervises the civil research on the firm’s major cases and has authored numerous civil and criminal writs and appeals which have been published in the California courts. Known for solving seemingly impossible cases, special writs of habeas corpus.

Tracy ran as a candidate in the June 2010 California Democratic primary for the 50th Congressional District's nomination and lost despite building many coalitions and receiving many state and national endorsements for a first time candidate. 

Tracy often writes about important issues facing our communities and nation. Contact her at tracy@emblemlaw.com.

By Tracy Emblem

Tracy Emblem Takes On Drugs -- Out-Sourcing Pharmaceuticals Can Be Dangerous

 Both local San Diego County Congressional representatives Brian Bilbray and Darrell Issa serve on the House oversight committee but have done nothing to insure our nation's drug supply remains safe.

Most Americans would be shocked to learn that India and China have become main suppliers of low-cost drugs and drug ingredients. Up to 40% of the drugs Americans take are now imported, and up to 80% of the active pharmaceutical ingredients in drugs are manufactured by companies in foreign countries.

By 2013, China is expected to be the third largest pharmaceutical market in the world and India is close behind China because the U.S. is India's top export customer.

Foreign manufacturing of our nation's drugs poses a risk to consumers because the Food and Drug Administration rarely conducts quality-control inspections in foreign countries.

In June 2007, the Washington Post reported: "Over the past seven years, amid explosive growth in imports from India and China, the FDA conducted only about 200 inspections of plants in those countries, and a few were the kind that U.S. firms face regularly to ensure that the drugs they make are of high quality."

These foreign markets allow clinical trials and drugs to be developed cheaper, but does it come at a sacrifice to safety?

According to Chemistry Manufacturers & Affiliates, many active pharmaceutical ingredients that are produced in foreign facilities are rarely inspected by the U.S. Food and Drug Administration, especially ingredients used in over-the-counter drugs.

 

 

Consumers do not know if a medication or its ingredients was produced abroad because there is no country of origin labeling requirements.

NBC News recently reported that Glaxo-Smith-Kline has agreed to pay $750 million to settle a Justice Department's claim that the company sold adulterated and improperly made drugs produced by its former drug manufacturing plant in Cidra, Puerto Rico.  GSK's subsidiary agreed to plead guilty to allegations that "the plant churned out medications that were mislabeled, mixed up in the wrong packaging, and even defective -- made either too weak or too strong. The defects affected such popular prescription drugs as the antidepressant Paxil and the ointment Bactroban, used to treat skin infections."

In June, Pfizer recalled three I.V. products manufactured in India after floating matter was found in plastic IV bags.

Who can forget the deaths and allergic reactions that occurred when contaminated heparin, used to thin blood, was produced in China and sold in the U.S.  The New York Times reported that people had difficulty breathing, and suffered nausea, vomiting, excessive sweating and rapidly falling blood pressure. In some cases the defective heparin led to life-threatening shock.

Years ago, Congress was forewarned that foreign drugs foisted on the public might not be safe. In 2003, William Hubbard, an associate commissioner of the FDA testified before a subcommittee of the House Committee on Government Reform. He explained the public health threats posed by the importation of unapproved, adulterated and misbranded drugs, as well as counterfeit drugs from foreign and domestic sources.

Unfortunately, Congress ignored the testimony and has been increasingly willing to let pharmaceutical companies out-source our nation's drug supply.

The out-sourced drugs may be expired, subpotent, contaminated or counterfeit product, a contraindicated product, an incorrect dose, or a medication which is not accompanied by adequate directions for use. Consumers then face risks of dangerous drug interactions and other serious health consequences.

Out-sourcing drugs is a supply-safety risk too. For example, when the heparin outbreak recalls were unexpectedly announced, there were serious concerns about whether we would have enough heparin to meet patient needs as a result of the contamination.

National security is an important component in considering the continued practice of out-sourcing our nation's drug supply.  In December 2007, an article in the Kansas City Star reported:

"Consider this scenario:  If a major anthrax attack were to occur in the United States - larger than the one in 2001, when five people died - pharmaceutical companies that make the two antibiotics most suitable for treatment, Cipro and doxycycline, would have no choice but to rely on China or India for key ingredients once American stockpiles were exhausted. Those ingredients no longer are made in the West."

If this is true, where has Congress's oversight been hiding during the wholesale outsourcing of the nation's drug supply?

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Tracy Emblem is an appellate attorney who has lived in Escondido since 1964. She received her law degree from National University School of Law in 1989, after working at the California Attorney General’s office, writs and appeals division.

Working closely with her longtime husband, attorney Thor Emblem, she supervises the civil research on the firm’s major cases and has authored numerous civil and criminal writs and appeals which have been published in the California courts. Known for solving seemingly impossible cases, special writs of habeas corpus.

Tracy ran as a candidate in the June 2010 California Democratic primary for the 50th Congressional District's nomination and lost despite building many coalitions and receiving many state and national endorsements for a first time candidate. 

Tracy often writes about important issues facing our communities and nation. Contact her at tracy@emblemlaw.com.

 

By Tracy Emblem

Tracy Emblem Takes On Political Corruption - Brian Bilbray's Back-Room Dealings

Editor's Note: I personally have offered Brian Bilbray through his press spokesman numerous opportunities to tell his side of the story. They have yet to reply to any email. Guess they don't believe 2,000 daily hits on a new media website, much less the opportunity to speak directly to citizens in their district, matters as much as hobnobbing with, and catering to, outside special interests. Sorry.

-- Dan Weisman

 We need to hold our elected officials' feet to fire and make them responsible when their actions fall short of their words.

According to an "Issue Paper" posted on Project Vote Smart's website attributed to Congressman Brian Bilbray (R-CA) - he took issue with "Ending the Back Room Deals."

Bilbray said: "One of the major reasons I ran for Congress...was because I got sick and tired of watching the Republican Congress and their special interest cronies cut backroom deals for more spending and less accountability. Now that I'm back here I can see what is going on. Let me be blunt: special interests have too much influence in Washington... whether it's Republicans in charge or Democrats. It's high time Congress started operating in the light of day again. No more 'you scratch my back I'll scratch yours' deals. Public service is an honor and a duty, and our elected officials must be held to the highest ethical standards."

Bilbray sponsored the Washington DC Congressional Cigar Association. San Diego Channel 10 News reports that Bilbray introduced HR 5615, which benefits medical device manufacturers. Congressional Cigar Association Board Member and Lobbyist Jeff Choudhry was involved with the Club's cigar meetings and just happens to lobby for a company that represents a large medical device manufacturer. Bilbray's bill was sponsored five days after the Washington DC Congressional Cigar Association gathered for an event.

Last month, Bilbray cowardly refused to answer questions about his role in the Congressional Cigar Club by claiming he was tied up with family issues. Where is Bilbray's purported transparency and high ethical standards now?

 

 

What kind of influence can $23,600 buy? On April 21, 2010, Congressman Bilbray received $23,600 in campaign donations from Millenium Laboratories Inc.

Just what would induce (1) Howard Appel, President Millenium Laboratories, Inc. ($2,400); (2) Renee Bryan, VP Marketing Millenium Laboratories, Inc. ($1,000); (3) David Cohen, COO Millenium Laboratories Inc. ($4,800); (4) Dr. Charles Mickel, Chief Scientific Officer Millenium Laboratories, Inc. ($1,000); (5) Dr. Murray Rosenthal, CMO Millenium Laboratories, Inc. ($4,800); (5) James Slattery, CEO Millenium Laboratories, Inc. ($4,800) and (6) Jane Slattery, Nurse Educator Millenium Laboratories, Inc. ($4,800) to individually donate a total of $23,600 on April 21?

Sure looks and smells like a special corporate interest day for Millenium Laboratories Inc.

Voters in California's 50th District, do we have another "Duke" on our hands?

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Tracy Emblem is an appellate attorney who has lived in Escondido since 1964. She received her law degree from National University School of Law in 1989, after working at the California Attorney General’s office, writs and appeals division.

Working closely with her longtime husband, attorney Thor Emblem, she supervises the civil research on the firm’s major cases and has authored numerous civil and criminal writs and appeals which have been published in the California courts. Known for solving seemingly impossible cases, special writs of habeas corpus.

Tracy ran as a candidate in the June 2010 California Democratic primary for the 50th Congressional District's nomination and lost despite building many coalitions and receiving many state and national endorsements for a first time candidate. 

Tracy often writes about important issues facing our communities and nation. Contact her at tracy@emblemlaw.com

By Tracy Emblem

Tracy Emblem Takes On  The 'T' Word - THE POLITICS OF TAXES

 Although our nation, states and local communities need revenue to maintain highways, roads, public education, water and sewer services, and public safety and national security - who among us enjoys paying taxes?

In 1789, Benjamin Franklin wrote: "In this world nothing can be said to be certain, except death and taxes."

Nothing has changed. The majority of the public loathes paying taxes, while tax cuts are popular election carrots.

For example, in 1981, President Reagan delivered massive tax cuts during recessionary times under the Economic Recovery Act. Thereafter, during his remaining time in office, eleven major tax increases helped regain half of the nation's lost revenue.

In 2001, George W. Bush began his term as President with a surplus budget of $128 billion. He immediately proposed tax breaks and another round in 2003. Reportedly, according to the Tax Policy Center, the Bush era tax cuts caused our nation to lose $1.8 trillion in revenue - which contributed to the national deficit.

On December 31, the Bush era tax cuts are scheduled to expire. Recently, President Obama and Democratic leaders proposed continuing the same tax breaks for everyone but the Top-2 percent of the nation's taxpayers - approximately 750,000 individuals -

However, Senate Republican leader Mitch McConnell argued that increasing taxes on the nation's Top-2 percent would hurt small businesses.

But who are the Top-2 percent of the nation's small business owners?

 

 

The term "small businesses" conveys the image of family-owned small companies, small shops where we buy goods, quaint restaurants where we eat occasionally, and small businesses that provide services for us, whether it is dry-cleaning or pet grooming.

Most of the public does not understand the complex tax system or that the "small business" designation applies equally to partnerships, sole proprietorships and "S" corporations, allowed to pass through profits and losses on personal tax returns.

Last week, MSNBC's Keith Olbermann identified some very large "small businesses." They include: Bechtel, a global engineering and construction company which earned $31 billion. Ferrellgas, a propane company, which earned $2 billion. McIlhenny, which makes Tabasco sauce, earned $250 million. CoorsTek, a ceramics manufacturer founded by Adolph Coors, with $549 million.

These businesses are not "small" by any stretch of the term. According to Olbermann, in 2005, there were more than 20,000 "S" corporations which generated revenues over $50 million - but considered "small businesses."

The Washington Post reports that increasing the amount of income tax for this group, the nation's top 2-percent,  "would miss more than 98 percent of small-business owners."

The Center on Budget and Policy Priorities explains that the Bush "tax cuts have conferred the most benefits, by far, on the highest-income households - those least in need of additional resources - at a time when income already is exceptionally concentrated at the top of the income spectrum."

Nonetheless, the debate was quickly shut down because anyone who suggests the "tax" word in this political climate, even when it does not apply to 98-percent of the American public and will reduce the national deficit, instantly becomes toxic.

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Tracy Emblem is an appellate attorney who has lived in Escondido since 1964. She received her law degree from National University School of Law in 1989, after working at the California Attorney General’s office, writs and appeals division.

Working closely with her longtime husband, attorney Thor Emblem, she supervises the civil research on the firm’s major cases and has authored numerous civil and criminal writs and appeals which have been published in the California courts. Known for solving seemingly impossible cases, special writs of habeas corpus.

Tracy ran as a candidate in the June 2010 California Democratic primary for the 50th Congressional District's nomination and lost despite building many coalitions and receiving many state and national endorsements for a first time candidate. 

Tracy often writes about important issues facing our communities and nation. Contact her at tracy@emblemlaw.com

By Tracy Emblem

Tracy Emblem Takes On Political Propaganda - Follow the Astro-Turf Trail: Who's Behind the Tea Party?

 (Tea Party-funding) propaganda groups prey on human emotions in difficult times. Unfortunately, these front groups have an agenda contrary to the American people at large. The American public is being victimized by elite interests who know how to churn out emotional propaganda -  a form of control.

Propaganda is a coordinated effort to influence public opinion through the use of media. One of the greatest proponents of propaganda was Adolf Hitler. In Mein Kampf, he wrote:

"All propaganda must be presented in a popular form and must fix its intellectual level so as not to be above the heads of the least intellectual of those to whom it is directed...The art of propaganda consists precisely in being able to awaken the imagination of the public through an appeal to their feelings, in finding the appropriate psychological form that will arrest the attention and appeal to the hearts of the national masses."

In other words, to be effective, propaganda must be simple and play on human emotions such as fear, anger or resentment - not intellect.

The Tea Party's anti-government sentiment is being fueled through various astro-turf organizations. Its easy to spread anger, resentment and discontentment with unlimited funds, sometimes from anonymous donors.  Sadly, discontentment means disenfranchised voters, and low voter turnout.  This is exactly what these conservative front groups are banking on in November's elections.

The anti-government Tea Party sentiment is being led by organizations like FreedomWorks which claims to advance less government, lower taxes, and more freedom, a very appealing populist message.  

But who does FreedomWorks really represent?  

Not the average person. The U.K. Guardian reported that Philip Morris funds FreedomWorks.

 

 

SourceWatch.org says that FreedomWorks has been described as a "Wall Street front group that helped launch the Tea Party Movement."

According to SourceWatch, during the health care debates, FreedomWorks began its propaganda campaign to portray an image of mass public opposition to health care through the media. In a leaked memo from Bob MacGuffie, a volunteer with the FreedomWorks website Tea Party Patriots detailed how organizers were instructed to infiltrate town hall meetings and harass and intimidate Democratic members of Congress. The memo stated:

"Spread out in the hall and try to be in the front half. The objective is to put the Rep on the defensive with your questions and follow-up ... You need to rock-the-boat early in the Rep's presentation. Watch for an opportunity to yell out and challenge the Rep's statements early. If he blames Bush for something or offers other excuses -- call him on it, yell back and have someone else follow-up with a shout-out ... The goal is to rattle him."

The "Tea Party" movement thanks to FreedomWorks and other conservative front groups took its well greased coordinated show on the road.

According to SourceWatch, Tea Party Patriots (TPP) was "initially organized by FreedomWorks" and in 2009, an affiliated off-shoot, the Tea Party Express helped with a public relations blitz around the country.

The Tea Party Patriots website says "Official Grassroots American Movement" with stars above the statement to provide an image of patriotism. But just because the statement is made, doesn't make it so. This week, Tea Party Patriots announced a $1 million anonymous donation.

Presently other allied astro-turf groups like American Crossroads founded by veteran propagandist Carl Rove, and Crossroads' affiliate, Crossroads GPS, raised over $32 million to launch media attacks. These groups have not fully disclosed their funding sources.  

These propaganda groups prey on human emotions in difficult times. Unfortunately, these front groups have an agenda contrary to the American people at large. The American public is being victimized by elite interests who know how to churn out emotional propaganda -  a form of control.

Remember corporations are not people.

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Tracy Emblem is an appellate attorney who has lived in Escondido since 1964. She received her law degree from National University School of Law in 1989, after working at the California Attorney General’s office, writs and appeals division.

Working closely with her longtime husband, attorney Thor Emblem, she supervises the civil research on the firm’s major cases and has authored numerous civil and criminal writs and appeals which have been published in the California courts. Known for solving seemingly impossible cases, special writs of habeas corpus.

Tracy ran as a candidate in the June 2010 California Democratic primary for the 50th Congressional District's nomination and lost despite building many coalitions and receiving many state and national endorsements for a first time candidate. 

Tracy often writes about important issues facing our communities and nation. Contact her at tracy@emblemlaw.com

By Tracy Emblem

 NOW MORE THAN EVER, WE NEED TO ASK CONGRESS TO PASS THE "MEDICARE YOU CAN BUY INTO ACT"

The BIG Four Insurance Companies in California - Aetna, Anthem Blue Cross, Blue Shield and Health Net, collectively control 90-percent of the state's individual insurance policies.

The State Insurance Commissioner recently granted their requests to hike insurance premium rates for individual policies for more than one million Californians beginning Oct. 1. According to the Los Angeles Times, "the insurance department has no authority to block rate hikes as long as they comply with California law, which requires insurers to devote at least 70 cents of every premium dollar to medical claims."

These are the BIG Four's double-digit rate hikes:

  • 19-29 % for Blue Shield's 250,000 customers;
  • 14-20 % for Anthem Blue Cross's 800,000 individual policy holders;
  • An average 19 % for 65,000 Aetna policy holders; and
  • 16-25 % for Health Net's 38,000 individuals.

For those who are self-insured and cannot afford these steep rate hikes, there could be another option.

On March 9, 2010, HR 4789 - The Public Option Act - also known as the "Medicare You Can Buy into Act" was introduced by Congressman Alan Grayson (Florida). HR 4789 was referred to the House Ways and Means Committee. HR 4789 is simple. It allows every citizen and permanent resident of the United States to buy into Medicare coverage with no cost to taxpayers.

According to Congressman Alan Grayson, the Medicare You Can Buy Into Act scores at zero or better by the Congressional Budget Office because the bill "specifically says that it has to pay for itself."

Grayson says the premiums are "very reasonable - barely $500 month for people in their 60s, down to $100 a month for children."

As health insurance premiums in California and around the nation increase more people will be dropped from private insurance coverage for failure to pay their premiums - which means a bigger burden to society when people become ill and appear at hospital emergency rooms.

 

 

Grayson's simple public option plan is more cost-effective for many individual's who are held hostage now by the BIG Four. Buying into Medicare's larger insurance risk pool brings down individual premiums.

The BIG Four acts similar to an Oil Cartel that controls supply and profit. With insurance companies, the profit comes in the form of higher insurance premiums and from limiting and excluding treatments.

The health insurance industry was fearful that a public option would cut into their profits so their lobbyists and astro-turf funded groups scared the public and seniors during the health care reform debate with their "death panel" and "rationing" baloney.

For many who cannot afford to pay higher premiums during these tough economic times, Californians and the nation needs an option. As one person wrote recently: "This has eaten my entire pension" and is "going to eat up my food money. Since my wife is dealing with lung cancer, I am forced to find the money."

You can help by immediately contacting your Congressional Representative and U.S. Senators to ask them to vote on this Life-Saving bill.

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Tracy Emblem is an appellate attorney who has lived in Escondido since 1964. She received her law degree from National University School of Law in 1989, after working at the California Attorney General’s office, writs and appeals division.

Working closely with her longtime husband, attorney Thor Emblem, she supervises the civil research on the firm’s major cases and has authored numerous civil and criminal writs and appeals which have been published in the California courts. Known for solving seemingly impossible cases, special writs of habeas corpus.

Tracy ran as a candidate in the June 2010 California Democratic primary for the 50th Congressional District's nomination and lost despite building many coalitions and receiving many state and national endorsements for a first time candidate. 

Tracy often writes about important issues facing our communities and nation. Contact her at tracy@emblemlaw.com

By Tracy Emblem

 Tracy Emblem Takes On Corporate America - Don't Kill the Goose that Lays the Golden Egg

Corporate America must step up before it is too late and invest its record $838 billion by creating more American jobs. Investment in rebuilding outdated energy, transportation, communication, sewage and water infrastructures and manufacturing plants will benefit our nation's long term economic development and is good for America.

President Obama recently proposed that Congress enact legislation that would provide an estimated $200 billion in tax breaks for businesses that invest in new plants and equipment, a $100 billion extension of the business tax credit for research and development, and $50 billion over the next decade to improve roads, rails and other infrastructure, to create jobs in America. However, CNN Money wisely reports, "the tax breaks might actually cost some jobs if a business buys technology from overseas that improves productivity rather than hiring more U.S. workers."

While tax breaks provide incentives for companies to invest, Congress must insure that investment tax credits apply only for American made products which result in American jobs. In addition, Corporate America must be asked to contribute its fair share to create good-paying jobs for Americans.

We must reverse the cycle.

According to Newsweek columnist Robert Samuelson, companies on Standard & Poor's 500 index are "sitting on huge cash reserves: a record $838 billion."

Just as President Obama wants to use tax incentives funded by taxpayers to help create jobs, Corporate America must accordingly act responsibly and also invest in our nation.

 

 

Corporate America has been cutting jobs while sitting on a record $838 billion. This action is reminiscent of the Goose that Laid the Golden Egg story. There was a special goose. Every day the goose would lay a golden egg that made a man and his wife very rich. The couple thought if they could cut the goose open - they could become even richer. So they killed the goose but found that there were no golden eggs inside, and because the goose was dead, no more golden eggs were produced.

Labor is America's goose that drives our economy at home because labor produces real wealth and wages, the golden egg, that builds our economy from the ground up. If we continue to out-source American jobs to foreign countries and cut our workforce and reduce wages there will be no more golden eggs to sustain our nation's economy.

A simple premise supports the economic benefit derived from good-paying middle class jobs. When Americans work and are paid good wages, income enters the stream of commerce. Workers in turn spend in restaurants, car dealerships, shops and other local small businesses. This generates income for businesses and revenue for our cash-strapped local governments to pay for public services such as schools, public safety, roads and libraries.

Henry Ford understood the progressive concept of creating good-paying jobs because he helped to create the middle class. In 1914, auto workers were paid an average of $2.34 a day and worked a 9-hour shift. Ford shocked the world when he increased many of his employees' pay to $5.00 a day and reduced the shift to an 8-hour work day. His foresight enabled Ford employees to lead more productive lives with their families and also allowed them to participate in the American dream of owning a home and purchasing a car.

Similarly, Corporate America must step up before it is too late and invest its record $838 billion by creating more American jobs. Investment in rebuilding outdated energy, transportation, communication, sewage and water infrastructures and manufacturing plants will benefit our nation's long term economic development and is good for America.

America has always been the land of opportunity which is why Corporate America must begin to renew its investment and partnership in our nation's job force and keep America's promise to keep the American Dream within reach.

To ignore the plight of the American worker will kill the goose that lays the golden egg.

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Tracy Emblem is an appellate attorney who has lived in Escondido since 1964. She received her law degree from National University School of Law in 1989, after working at the California Attorney General’s office, writs and appeals division.

Working closely with her longtime husband, attorney Thor Emblem, she supervises the civil research on the firm’s major cases and has authored numerous civil and criminal writs and appeals which have been published in the California courts. Known for solving seemingly impossible cases, special writs of habeas corpus.

Tracy ran as a candidate in the June 2010 California Democratic primary for the 50th Congressional District's nomination and lost despite building many coalitions and receiving many state and national endorsements for a first time candidate. 

Tracy often writes about important issues facing our communities and nation. Contact her at tracy@emblemlaw.com

By Tracy Emblem

Tracy Emblem Takes On the 9/11 Koran issue and 1st Amendment - 'WHERE DO WE DRAW THE LINE?

The "Burn a Koran Day" is more than just about hateful "expression" of individual rights - it is a dangerous practice because it involves "action." While technically not espousing any "fighting words" against Muslims burning Korans would send a message and provide a catalyst for religious "fights" both in the U.S. and around the world and would necessarily put our troops and Americans abroad at heightened risk.

Terry Jones, Reverend of Florida's "Dove World Outreach Center" has called for "International Burn a Koran Day" to commemorate September 11. Jones's divisive ploy has traditionally been considered constitutionally protected under the First Amendment.

Americans guard our First Amendment rights fiercely. There is no question that if we were to draw the line against Jones, other groups' demonstrations could also be silenced. However, there are some overarching principles at stake.

The FBI defines one type of hate crime as an offense committed against a person, property, or society motivated by the offender's bias against a religion. The symbolic act of burning Korans on 9-11 has similarities to the elements of a hate crime, without the physical crime itself since it is not a crime to burn books.

Nonetheless, there is a distinction between "free speech" and action intentionally designed to incite and exploit violence. An exercise of free speech involves peacefully talking about an issue, such as Jones's right to his opinion that "Islam is evil." In contrast, Jones mob-like "assemblies" involving burnings are acts of violence and are actions designed to evoke an emotional response and incite violence in others.

Most recently, in Tennessee where a new mosque was being built, after several hundred opponents of the mosque demonstrated a few weeks earlier carrying signs like "MOSQUE LEADERS SUPPORT KILLING CONVERTS," construction equipment was damaged by suspected arson on the construction site.

The 9-11 rhetoric against Muslims heated up when then President George W. Bush proclaimed that it was America's responsibility to "rid the world of evil" and it became a religious issue to some fundamentalists.

In January,  ABC News reported that one of the Pentagon's biggest suppliers, Trijicon was providing "Jesus Rifles" and scopes and some in our military were invoking Christianity to hunt people for Jesus.

The "Burn a Koran Day" is more than just about hateful "expression" of individual rights - it is a dangerous practice because it involves "action." While technically not espousing any "fighting words" against Muslims burning Korans would send a message and provide a catalyst for religious "fights" both in the U.S. and around the world and would necessarily put our troops and Americans abroad at heightened risk.

There are consequences for action and consequences for inaction.

We live in an increasingly hostile and mobile society where "holy wars" could be waged using car bombs and improvised explosive devices - therefore, we may have to consider drawing a line for safety reasons against those who would incite immediate and dangerous reactions which will destroy our domestic tranquility.

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Tracy Emblem is an appellate attorney who has lived in Escondido since 1964. She received her law degree from National University School of Law in 1989, after working at the California Attorney General’s office, writs and appeals division.

Working closely with her longtime husband, attorney Thor Emblem, she supervises the civil research on the firm’s major cases and has authored numerous civil and criminal writs and appeals which have been published in the California courts. Known for solving seemingly impossible cases, special writs of habeas corpus.

Tracy ran as a candidate in the June 2010 California Democratic primary for the 50th Congressional District's nomination and lost despite building many coalitions and receiving many state and national endorsements for a first time candidate. 

Tracy often writes about important issues facing our communities and nation. Contact her at tracy@emblemlaw.com

By Tracy Emblem

 Tracy Emblem Takes On Unemployment- It's Labor Day and America Needs a Job

The effect of low paying jobs and chronic unemployment is more than merely an economic issue to all Americans - it strikes at the heart and soul of our families and weakens our communities.

Workers are the backbone of America, but the backbone has been aching for some time and needs immediate and serious attention - through job creation policies.

On Labor Day this year, the Economic Policy Institute reports that more than 14.9 million American workers remain unemployed while food services and home health aides, vocations that pay only slightly more than minimum wage, are the fastest growing jobs in the United States. In San Diego County, one-third of working families do not earn $13.13 an hour, which is the minimum amount required to meet basic needs.

Often, the unemployed feel rejected while chronic joblessness drains charitable, and non-profit resources, and diminishes local government's ability to provide safety net social services for families. During these harsh economic times, many households are worried about losing their homes or health insurance, and stressed out about being able to feed their family or meet financial obligations.

As the national jobless rate rises and wages fall, we must contemplate actions which put Americans back to work and into higher paying jobs. Our nation's job policies should focus on creating infrastructure jobs, retrofitting buildings and revitalizing manufacturing and other plants because these jobs require U.S. labor. These jobs will secondarily produce delivery, clerical, and other various skill-level jobs.

Job creation must be accomplished through partnership with private, public and labor segments. Because the government plays an important role in helping to finance jobs through state and national economic policy and legislation, Americans must demand that economic policies provide the framework to create good paying jobs at home during the next decade with the least amount of outsourced labor and materials.

A solid way to build our economy that goes far beyond mere job creation is to commit $100 billion annually in public investments over the next decade for energy-saving retrofit jobs. The Economic Policy Institute's April 2009 report asserts this investment "would yield an increase of $160 billion in output over the next two years which translates into 1.1 million jobs created."  

Retrofitting existing buildings with energy efficient techniques and equipment and retooling our manufacturing industries provides immediate jobs and decreases environmentally induced illnesses.

As a nation, rebuilding our outdated energy, transportation, communication, sewage and water infrastructures and manufacturing plants with investment from national, state and private sources will substantially impact our long term economic development and is a matter of national security.

On Labor Day, while many will spend leisurely time with friends and family, be sure to forward this article to your local state and federal representatives and remind them -- there are more than 14.9 million Americans without jobs -- Americans need a job.

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Tracy Emblem is an appellate attorney who has lived in Escondido since 1964. She received her law degree from National University School of Law in 1989, after working at the California Attorney General’s office, writs and appeals division.

Working closely with her longtime husband, attorney Thor Emblem, she supervises the civil research on the firm’s major cases and has authored numerous civil and criminal writs and appeals which have been published in the California courts. Known for solving seemingly impossible cases, special writs of habeas corpus.

Tracy ran as a candidate in the June 2010 California Democratic primary for the 50th Congressional District's nomination and lost despite building many coalitions and receiving many state and national endorsements for a first time candidate. 

Tracy often writes about important issues facing our communities and nation. Contact her at tracy@emblemlaw.com

By Tracy Emblem

 Tracy Emblem Takes On Dirty Energy Politics - Californians Need to Say NO to Big Oil

Proposition 23's supporters are willing to spend a fortune to convince voters in California to wield "majority-rule" veto power to roll back AB 32, the clean energy bill.

The bill was enacted to phase California off of dirty fossil fuels by gradually cutting greenhouse emission levels in California starting in 2012. One of the bill's provisions, allowed the governor to use his "veto" power to suspend the legislation if "extraordinary circumstances" are in place.

But Governor Schwarzenegger has refused to suspend AB 32's implementation - which sets the scene for November's election battle.

The problem with "suspending" AB 32 is that Proposition 23's fine print prohibits clean air standards from being enforced until the state's unemployment rate drops to a level only achieved three times in the last thirty-four years.

The San Francisco Chronicle reports Tesoro and Valero Energy, Texas oil companies, have contributed $4.5 million to date for Proposition 23.

Both companies would extensively benefit by "suspension" of the clean air bill. In 2009, according to information released by the U.S. Environmental Protection Agency, Valero and Tesoro's oil refineries are California's fourth and eighth largest polluters.

Another supporter, California Manufacturers and Technology Association, an advocacy organization which holds "pro-business" press events publicly to show "support" of Proposition 23's mandate to suspend the clean energy bill receives financial support from Valero.

Other Proposition 23 supporters are Occidental Petroleum, World Oil Group, Tower Energy Group, the conservative Adam Smith Foundation, and oil and gas billionaire David Koch, an owner of Koch Industries. The University of Massachusetts lists Koch Industries as the nation's 10th worst air polluter.

According to a December 2009 Boston Globe article, Koch has been funneling money to his astro-turf group, "Americans For Prosperity." The Globe reported: "Just as Koch inherited his oil business from his father, Americans for Prosperity borrows from the ultra-right group also founded in part by his dad, the John Birch Society."

 

 

The John Birch Society is known for effectively using scare tactics. Proposition 23's campaign also relies on the same type of fear tactics - and a campaign to smear proponents of global warming.

Proponents claim AB 32 will cost a family of four about $4000 more a year. The fear message may resonate with many voters because of California's high unemployment rate but it does not fairly portray the costs of retaining the status quo.

The National Resource Defense Council's Climate Facts paper about California's AB 32 (Apr 2009) states: "Investments in energy efficiency and renewable energy provide up to four times as many jobs as investments in fossil fuel-fired power plants or oil resources."

You need not accept the "Global Warming" concept to understand how pollution hurts our communities and is costly to businesses. Proposition 23 proponents ignore the hidden costs of fossil fuels. Pollution isn't free. We subsidize dirty energy in a number of ways - including increased health care costs. The California Lung Association reports that there are 300,000 respiratory illnesses reported each year.

Employers, employees and individuals pay higher health care premiums and costs to insurance risk pools because of health care costs associated with people suffering from respiratory induced illnesses and disabilities. A study prepared by two Cal State Fullerton economic professors concludes dirty air costs California $28 billion annually.

Businesses pay the price in lost productivity through missed work days from employees suffering from asthma, bronchitis and other respiratory illnesses or because their employees may need to stay home to care for a child suffering from those conditions.

Proponents of Proposition 23 are also claiming California's energy costs will sky-rocket. Remember Enron and the artificially produced energy crisis?

Businesses need predictable energy costs. AB 32 will actually provide for long term market stability and fixed energy costs for California businesses. As Californians we must invest in renewable energy sources and demand the energy be produced in California because it decreases our reliance on imported energy.

Both state and federal governments should consider implementing capital investment incentives for new equipment to help businesses while AB 32 slowly phases in the clean energy requirements.

Implementing clean energy in California now - not twenty years from now - is a not only a public health issue -- it's a matter of economic survival.

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Tracy Emblem is an appellate attorney who has lived in Escondido since 1964. She received her law degree from National University School of Law in 1989, after working at the California Attorney General’s office, writs and appeals division.

Working closely with her longtime husband, attorney Thor Emblem, she supervises the civil research on the firm’s major cases and has authored numerous civil and criminal writs and appeals which have been published in the California courts. Known for solving seemingly impossible cases, special writs of habeas corpus.

Tracy ran as a candidate in the June 2010 California Democratic primary for the 50th Congressional District's nomination and lost despite building many coalitions and receiving many state and national endorsements for a first time candidate. 

Tracy often writes about important issues facing our communities and nation. Contact her at tracy@emblemlaw.com

By Ah-Ha News

Recent Congressional Votes


Editor's Note: The House is once again in recess and is scheduled to return on Tuesday, September 14. The Senate will return Monday, September 13.

Recent House Votes
Education Jobs and Medicaid Assistance Act - Vote Passed (247-161, 25 Not Voting)

On Tuesday, the House passed this bill to provide $16.1 billion to extend increased Medicaid assistance to states and $10 billion in funding for states to create or retain teachers' jobs. The bill was then sent to the president, who signed it into law on the same day.

Rep. Brian Bilbray voted NO......send e-mail or see bio 
By Tracy Emblem

 Americans for Prosperity, an Astro-Turf Lobbyist Group

It is not surprising that Americans for Prosperity appeared in North San Diego County to support Congressman Brian Bilbray as reported by an area newspaper  on August 12.

Bilbray, for those who are unaware, sponsored the Congressional Cigar Association (CCA) in February 2009. The CCA has lobbyist board members and supports the tobacco and cigar industry. CCA events allow lobbyists to have direct contact and influence with congressional staff. 

Earlier in April, the CCA pulled strings to get International Premium Cigar & Pipe Retailers inside the U.S. Capitol Visitors Center to brief house and senate staffers. In June, the CCA pulled off a lavish roof top event reported by the Huffington Post. 

Bilbray’s relationship with the tobacco industry is becoming more obvious daily. It turns out that Americans for Prosperity is an astro-turf driven pro-tobacco lobbyist organization, and despite its name, the non-profit advocates  “prosperity” on behalf of a chosen few. 

According to Sourcewatch.org, Americans for Prosperity lobbied against a smoking ban in Texas in 2005 and a state cigarette tax in Illinois in 2008.  Its state affiliate, AFP Arizona opposed a proposition that would tax tobacco in that state.

Sourcewatch states: “On its website, Americans For Prosperity states that AFP gets its support from individuals and corporations which share its vision. However, it does not disclose which corporations fund its operations,”

With its track record, AFP should disclose how much of its funding is from corporate donors and representatives including those from the tobacco industry.

 

 

Sourcewatch further reports that Americans for Prosperity joined with other conservative groups to organize “town hall protests” where participants were urged to become bullies and shout down members of Congress talking about health care reform. 

The public has become increasingly polarized by propaganda fostered by lobbyist driven organizations masquerading as “grassroots” organizations who exploit and mobilize groups through fear and anger.

Americans for Prosperity appears to have an agenda contrary to the American people at large. It is symbolic that Congressman Brian Bilbray has AFP’s support. 

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Tracy Emblem is an appellate attorney who has lived in Escondido since 1964. She received her law degree from National University School of Law in 1989, after working at the California Attorney General’s office, writs and appeals division. Working closely with her longtime husband, attorney Thor Emblem, she supervises the civil research on the firm’s major cases and has authored numerous civil and criminal writs and appeals which have been published in the California courts. Known for solving seemingly impossible cases, special writs of habeas corpus. Tracy ran as a candidate in the June 2010 California Democratic primary for the 50th Congressional District's nomination and lost despite building many coalitions and receiving many state and national endorsements for a first time candidate. 

Tracy often writes about important issues facing our communities and nation. Contact her at tracy@emblemlaw.com

By Tracy Emblem
Congress Should Consider Legalizing Marijuana

There is no scientific reason marijuana should be listed under Schedule 1 because of its legitimate medical use. The federal government should end prosecuting individuals in states which allow licensed physicians to prescribe marijuana for their patients under state law.
The phrase “war on drugs” was first coined in 1971 by Richard Nixon after Congress passed the Controlled Substance Act which created five categories of regulated substances. “Cannabis” also known as “marijuana” was classified on Schedule 1 where it remains listed today with other highly addictive drugs like fentanyl, Ecstasy and heroin. 

Currently, 14 states, including California and D.C., have enacted laws legalizing medical marijuana. 

In San Diego County, Vista resident, James Stacy, faces felony criminal charges and a trial starting later this month in federal court for legally dispensing marijuana under the state’s compassionate medical marijuana law approved by California voters in 1996. Stacy’s collective was operating in full compliance with state law.  However, the federal law trumps state law because marijuana is still classified under Schedule 1 of the Act, the only category which may not be prescribed by a physician.

In order for a drug to be listed under Schedule 1, it must have a high potential for abuse; no currently accepted medical use in treatment; and a lack of accepted safety for use under medical supervision.  

Medical marijuana does not fit within the Schedule 1 criteria because it is used by chemotherapy and AIDS patients and people suffering from diseases like glaucoma and chronic pain.

There is general acceptance for the therapeutic use of marijuana as evidenced by the voters since 1996. In 1999, the state legislature passed a bill which commissioned the University of California to establish a scientific research program to investigate the therapeutic usages of cannibas. 

In February this year, the Center for Medicinal Cannibas Research  reported that marijuana shows promise for chronic pain caused by injury to the nervous system or diseases like multiple sclerosis.
 
This November, California voters are asked to decide whether to fully legalize marijuana for state residents, but even if Proposition 19 passes, it would still be a “federal crime” subject to prosecution because federal law trumps state law.  

With state and federal rights colliding, the time has come for the federal government to seriously consider removing marijuana from the Schedule 1 list, and perhaps the broader approach of  legalizing, regulating and taxing marijuana.
In the years alcohol was criminalized in the U.S., bootlegging became widespread and organized crime took control of the distribution.

Mexico is publicly debating whether to legalize marijuana. In Mexico, over 28,000 people have been killed since 2006 by the drug cartel crackdowns. If legalized, it would cut the cartels off from a large portion of their illicit cash trade because 60-percent of marijuana gets shipped from Mexico into the U.S. for sale. 

In California, the sale of marijuana generates $14 billion annually. The State Board of Equalization estimates that legalizing and taxing marijuana under Proposition 19 would generate $1.38 billion, with additional savings of annual law enforcement. According to NORML, a non-profit organization working to decriminalize marijuana, “legalization would save over $200 million in law enforcement costs for arrest, prosecution, trial and imprisonment of marijuana offenders.” 

Recently, the Veterans Health Administration issued a directive recognizing the medical use of marijuana, and distinguishing it from other illicit drugs.  According to Americans for Safe Access, more than 27% of Veterans treated by the VA have been diagnosed with Post Traumatic Stress and medical marijuana is used to treat that condition.

There is no scientific reason marijuana should be listed under Schedule 1 because of its legitimate medical use. The federal government should end prosecuting individuals in states which allow licensed physicians to prescribe marijuana for their patients under state law.
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Tracy Emblem is an appellate attorney who has lived in Escondido since 1964. She received her law degree from National University School of Law in 1989, after working at the California Attorney General’s office, writs and appeals division. Working closely with her longtime husband, attorney Thor Emblem, she supervises the civil research on the firm’s major cases and has authored numerous civil and criminal writs and appeals which have been published in the California courts. Known for solving seemingly impossible cases, special writs of habeas corpus. Tracy ran as a candidate in the June 2010 California Democratic primary for the 50th Congressional District's nomination and lost despite building many coalitions and receiving many state and national endorsements for a first time candidate. 

Tracy often writes about important issues facing our communities and nation.

By Tracy Emblem

Congressman Brian Bilbray recently sent out a tri-fold color brochure promoting himself to the residents in California’s 50th congressional district. The mailer would have been a very expense campaign piece, but was sent in the guise of a “public document” as “official business” prepared and paid for at taxpayer expense.

In 1994, Congressman Bilbray, along with other Republicans signed the “Contract with America,” a promise to restore “accountability” to Congress asserting government too easily spent the public’s money.

In 2007, the Congressional Research Service prepared a report for Congress advising representatives that the “franking” privilege had cost taxpayers $113.4 million in current dollars from 1988 to 2007.

So why isn’t Mr. Bilbray concerned about wasting taxpayer dollars and why has he continued to send mail to voters whether asked for or not in the 50th District?

On June 12, 2007, HR 2687 was introduced to end the practice... (more)

By Tracy Emblem
“Burn pits” are open air burns used to dispose of waste products such as plastic, rubber, Styrofoam, paints, solvents, medical and human waste, petroleum and lubricant products, munitions and other unexploded ordnance.

Various armor-piercing projectiles, shells and tank armor are made with Depleted Uranium (DU), a highly toxic radio-active byproduct of the uranium enrichment process. The Department of Veteran Affairs states: “When a projectile made with DU penetrates a vehicle, small pieces of DU can scatter and become embedded in muscle and soft tissue. In addition to DU in wounds, soldiers exposed to DU in struck vehicles may inhale or swallow small airborne DU particles.”

According to the Seattle Post: “The U.S. Army acknowledges the hazards in a training manual, in which it requires that anyone who comes within 25 meters of any DU-contaminated equipment or terrain wear respiratory and skin protection.”

Citing an increased number of birth defects and the sudden rise in...
By Tracy Emblem

We could have been steadily weaned off of oil consumption by now through solar technology development in the United States. Instead we are facing the worst environmental oil spill in history. In 1974, Congress enacted the Solar Energy Research Development and Demonstration Act to stem the nation’s dependence on oil. In the following years, the government spent $6 billion to improve photovoltaic production levels, reduce costs and stimulate private sector purchases.

So what happened to deter progress?

Big Oil bought and controlled the alternative energy business because Big Oil’s main business is and has always been oil, gas, coal and petrochemical profits first. The “private sector” stimulated was the mergers and buy-outs of smaller photovoltaic research and development companies by Big Oil companies. The plan was simple. Big Oil seized and took control of the research and patents – if you control the market – you control the development of a product. Here’s the time line:

 

  •  In 1973, Karl Boer formed Solar Energy Systems to market photovoltaic cells and then transferred the majority of his stock to Shell Oil Company.
  • Around 1974, Mobil Oil joint ventured with Tyco Laboratories and created Mobil-Tyco Solar Energy Corporation.
  • In 1975, Exxon assumed Solar Power Corporation as a wholly owned subsidiary.
  • In 1977, Atlantic Richfield Company (ARCO) invested in a photovoltaic company in Camarillo, California and began manufacturing solar cells and panels.
  • In 1980, ARCO Solar was the first company to produce more than 1 megawatt (a thousand kilowatts) of photovoltaic modules in one year.
  • That same year in 1980, British Petroleum (BP) entered the solar market when it bought out Lucas Energy Systems.
  • In 1982, ARCO Solar completed the first megawatt-scale photovoltaic power station in Hisperia, California.
  • In 1983, ARCO Solar dedicated a 6-megawatt photovoltaic substation in central California.
  • Around 1983, AMOCO Solar Company, a subsidiary of American Oil Company (AMOCO) acquired the Solarex factory in Frederick, Maryland.
  • In 1986 ARCO Solar built the first utility-scale photovoltaic generating facility in Texas and also introduced the first commercial thin film photovoltaic module.
  • Then in 1987, Solarex, AMOCO’s subsidiary, sued ARCO Solar for patent violations, effectively halting ARCO’s Solar’s photovoltaic business.
  • In 1993, Solarex sued United Solar, a joint venture of Energy Conversion Devices and Canon of Japan, for patent infringement practices.

During the same year, Mobil Oil closed its 19-year solar demonstration plant in Billerica, Massachusetts. The New York Times reported that Mobil stated that although it had developed more efficient, less expensive solar cells, “the electric utility industry market for solar energy is small and is unlikely to grow to large-scale demand in the near term.”

In 1995, Solarex changed its name when Enron Corporation of Houston and AMOCO/Solarex entered into a joint venture and merged into Amoco/Enron Solar, each of the corporate partners owning 50-percent interest in the photovoltaic company.

In 1998, in the world’s largest industrial merger, AMOCO merged with BP. In 1999, BP AMOCO purchased Enron’s 50-percent share and created BP Solarex, and in 2000, BP acquired ARCO now officially known as BP West Coast Products LLC.

BP Solar is now one of the largest solar manufacturing companies in the world. In March 2010, BP announced it will close the Frederick, Maryland manufacturing plant and move its business into facilities in China, India and other countries.

For years, Big Oil controlled much of the photovoltaic technology while pushing oil on consumers and telling the public that solar technology was not “market ready” and “too expensive.” During the same time, Big Oil joined the “Global Climate Coalition” an industry effort to debunk the growing scientific evidence of global warming caused by too much oil consumption.

The drilling continues with tens of billions in tax breaks and a royalty waiver program established by Congress in 1995 for off shore drilling in “deep waters.” Thirty-six years later, America is still dependent on Big Oil’s control of the environment and global economy. As a recent television commercial reminded about our failure to wean our nation off of Big Oil, if not now, when?

 

 

Ed note: Tracy Emblem is an Escondido attorney and Democratic candidate for the 50th Congressional District. While she lost the primary -- results being recounted -- she continues to be active in the community and a contributor to Ah-Ha Rancho Santa Fe.