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.

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.

---------------------------------------------------------------------------------------------------------------------------

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 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.

-------------------------------------------------------------------------------------------------------

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. 

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.

---------------------------------------------------------------------------------------------------------------------------

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 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?

-------------------------------------------------------------------------------------------------------

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 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?

-------------------------------------------------------------------------------------------------------

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. 

 SDSU Watchdog Institute Reports: Congressman Brian Bilbray representing Rancho Santa Fe 'still quiet about cigar parties'

In Washington: Rep. Brian Bilbray (R-Carlsbad) still is refusing to talk about the cigar club parties he and his senior staff attended and what, if any, discussions they had with lobbyists at the soirées. His spokesman, Fritz Chaleff, did not return phone calls on Friday and today seeking an interview with the congressman.-- Brooke Williams, SDSU Watchdog Institute

(Ah-Ha Rancho Santa Fe News coverage may be found at   http://tiny.cc/rp6ib. We also have filed several requests for comment -- generally in response to Bilbray office news releases sent out concerning his immigration policy views and attendance at North County events -- but have not received any acknowledgment. -- Dan Weisman)

Government ethics experts called for the congressman’s office to be open about Staff Congressional Cigar Association activities after the Watchdog Institute reported Bilbray had advanced bills that would benefit the clients of some lobbyists connected to the club. The editorial board of the San Diego Union-Tribune also demanded transparency.

Bilbray’s senior policy adviser, Gary Kline, is an officer of the club. He also has not returned calls seeking an interview.

In July, the Huffington Post first reported lobbyists were on the board of the club and involved in hosting its parties. The cigar association is one of 20 House-approved staff groups. Bilbray sponsored it in April 2009.

----------------------------------------------------------------------------------------------------------------------------

Brooke Williams is assigned by the SDSU Watchdog Institute to cover the San Diego congressional delegation in Washington D.C. and can be reached atbrookewilliams@watchdoginstitute.org or 202-615-3551.

FRANCINE BUSBY, DEMOCRATIC NOMINEE FOR CONGRESS, RESPONDS TO THE FINDINGS OF THE WATCHDOG INSTITUTE RE: REP. BILBRAY’S CIGAR SCANDAL; CALLS FOR PRESS CONFERENCE

“I’m hardly surprised to hear of the Watchdog Institute’s findings in regard to Rep. Bilbray’s intimate relationship with lobbyists through the Congressional Cigar Association. Ever since these unethical actions have come to light, Rep. Bilbray and those who speak for him have been strategically vague or have declined to comment in regard to the purported improprieties. The Watchdog Institute report acknowledges this and concludes with a call for increased transparency. As an elected official, Rep. Bilbray owes it to the citizens he represents to be both honest and forthcoming. His silence and closed-door tactics beg the question: if he has nothing to hide, then why is he being so dismissive and secretive?

“The fact that his staffers say they “don’t remember” whether or not Rep. Bilbray was present at specific lavish events put on by the association is not only ridiculous, it is insulting. Equally insulting is the fact that Bilbray claims to have little involvement with the association and that it is simply an innocent way for staffers to enjoy fine cigars. Why then did Bilbray, shortly after sponsoring the Congressional Cigar Association, become active in sponsoring or lending his name to legislation relevant to the lobbyists involved in the group?

“It doesn’t take a rocket scientist to connect the dots. Rep. Bilbray counted on these offenses never coming to light and now that they have, he is obliged to deny them or ‘decline to comment.’ Having these ethical shortcomings slowly seep into the spotlight is like déjà vu all over again. We do not need another double-dealing representative like Duke Cunningham. The 50th District deserves better than another scandal-clad representative. The 50th District deserves a representative who will put their needs first. I am proud to be a member of this community but ashamed of the individual who purports to represent our voice and needs in Congress.

“I believe that everybody has a right to know about the actions of Rep. Bilbray. Unfortunately, in this era of 30-second sound bites and sleek campaign literature, it is all too easy to push the truth under the rug. For this reason, I am calling a press conference to be held in front of my campaign headquarters.

TO VIEW THE ORIGINAL WATCHDOG INSTITUTE PRESENTATION VISIT: http://tiny.cc/07g74

In the months after Rep. Brian Bilbray sponsored a Congressional cigar club—where politicians and their staffers have puffed and partied with lobbyists around D.C.—he introduced or lent his name to legislation that would benefit some of those lobbyists’ clients.

In one instance, Bilbray sponsored a bill that would eliminate a tax on medical devices. He introduced that bill five days after the cigar club held an exclusive, rooftop event at a building across the street from the Capitol in late June.

Bilbray’s spokesman wouldn’t say if the congressman or his senior staff attended that event or any other cigar club get-togethers, but Jeff Choudhry, who lobbies for a large medical device manufacturer and other interests, was a board member of the club at the time. Choudhry and other lobbyists did not return numerous calls about whether they attended the events.

“That’s all outside of official stuff,” Fritz Chaleff, Bilbray’s communication’s chief, said. “I certainly would love to be able to give you that kind of information, but I just don’t have it.”

The Watchdog Institute, an independent investigative reporting center based at San Diego State University, combed through lobbying reports, corporate financial records, legislative actions, campaign finance data and the personal financial disclosures of Bilbray and his staff in the weeks since the Huffington Post first reported that lobbyists had key roles in the House-sanctioned Staff Congressional Cigar Association, a possible violation of ethics rules.

The cigar association is one of 20 official Congressional Staff Organizations, which are meant to promote networking among congressional staff. Most cater to certain groups and interests, such as the Congressional Hispanic Staff Association, the Capitol Hill Bible Study Staff Association, the House Chiefs of Staff Association and the Congressional Golf Staff Association.

Chaleff said the congressman’s only involvement with the cigar association was sponsoring it last year. He said Bilbray intended to encourage networking among Democratic and Republican staffers.

Even though a member of Congress must sponsor these organizations, and the House ethics committee must approve events, basic details about their activities are not public.

None of the cigar club’s officers—including Bilbray’s senior policy advisor, Gary Kline—returned the Watchdog Institute’s phone calls or e-mails asking for the dates and locations of events.

Chaleff said cigar parties were “just kind of FYI events” for Bilbray in which someone would say, “‘hey, by the way, this is going on tonight if you want to stop by.’”

Asked whether he personally attended the rooftop party, Chaleff recalled being there. He said he did not, however, remember if Bilbray or Kline were at that soirée.

“We certainly don’t monitor the social lives of staff,” he said.

Chaleff said Bilbray declined to be interviewed for this story.

(Photo left: The cigar club held an event on the rooftop of this building, which is across the street from the Capitol.)

In July, Bilbray’s democratic challenger in the November election, Francine Busby, called for the Office of Congressional Ethics to investigate whether lobbyist involvement in the club violated ethics rules. A spokesman for the ethics office said it doesn’t confirm or deny the existence of any investigation.

Craig Holman, an expert in government ethics and lobbyist for Public Citizen, a nonprofit government watchdog, said clubs like the cigar association “are supposed to be just members of Congress and congressional staff getting together when they want to discuss pertinent issues.”

“If Congressman Bilbray has turned it into a lobbying entity, that would be a very obvious and egregious violation of ethics rules,” Holman said.

There is nothing illegal, however, about Bilbray sponsoring bills that could benefit lobbyists’ clients. Experts say the key is transparency.

But unless Bilbray or his staff agree to talk about which events they attended, who was there and what was discussed, there is no way to know how lobbyists might have used cigar club parties as a venue to influence Bilbray’s actions on the House floor.

Dave Levinthal, spokesman for the Center for Responsive Politics, a nonprofit organization that tracks money in federal politics, said lobbying is a multi-billion industry—that is growing—so it must be effective.

“If it didn’t work people wouldn’t do it,” he said. “If it didn’t work really well people wouldn’t spend incredible amounts of money to do it.”

He said it could be a lot harder for a member of Congress to say no to a lobbyist after they’ve had dinner and drinks.

“Politics is a very human arena,” he said. “Those types of relationships often can go a long way even if the result of those relationships isn’t necessarily aligning with the public interest.”

Public Citizen’s Holman was disturbed to hear that Bilbray and Kline, his senior policy advisor who is a cigar club officer, wouldn’t discuss the events.

“He is not living up to transparency,” Holman said. “You should be able to call the officer of the caucus and ask, and they should tell you—if they won’t tell you, they are covering something up.”

Connections between Bilbray, the lobbyists and their clients are not readily apparent.

So far, none of the lobbyists involved in the cigar group have reported giving money to Bilbray’s campaign, though disclosure reports showing donations made on or after July 1 are not yet publicly available.

Some of the lobbyists’ clients have Political Action Committees that have reported giving to Bilbray’s campaign. The NRA’s PAC, for instance, has given Bilbray $2,500 so far this election cycle, according to federal election data analyzed by the Center for Responsive Politics. Pharmaceutical companies that employ lobbyists involved in the cigar club also have donated to Bilbray through their PACs. From 2007 through 2008, Baxter Healthcare Corp. gave $2,000 and Eli Lilly and Co. gave $2,500.

The Watchdog Institute investigated the corporate clients of lobbyists the Huffington Post reported to be involved in the cigar club and found that Bilbray has sponsored and supported legislation that would benefit them.

Tax repeal

On June 28, five days after the cigar club held a party across the street from the Capitol, Bilbray sponsored a bill to repeal the 2.3% tax on the sale of medical devices, which is to begin in 2013 as part of the new health care law. Choudhry is a lobbyist for Baxter Healthcare, a publicly traded company based in Illinois that specializes in medical devices and products.

In reports to shareholders, Baxter has stated that this tax is among the “most significant impacts” of the health care law to the company financially.

Choudhry is director of legislative affairs for the Nickles Group, a firm of Washington insiders headed by former Sen. Don Nickles. Nickles Group began lobbying for Baxter early this year, around the same time Choudhry joined the firm. So far, Nickles reports receiving $115,000 in lobbying fees from Baxter.

When Bilbray wrote a letter to the House Administration Committee requesting approval of the cigar club in February 2009, he listed Choudhry as one of two officers. At the time, Choudhry was a staffer to Rep. Trent Franks (R-Ariz.)

Chaleff said Bilbray introduced this bill to prevent an increase in the cost of health care nationally and to preserve jobs. He said about 76,000 people are employed in the medical device manufacturing industry in California.

The bill, which has three co-sponsors, is pending in the House Committee on Appropriations.

Limiting lawsuits

In July of this year, Bilbray was one of 29 co-sponsors of a bill that would limit the liability of medical companies if a product has approval of the U.S. Food and Drug Administration. Rep. Phil Gingrey, (R-Ga.) who introduced the bill, employed a cigar club officer as his communications director until recently.

The issue of whether medical companies should be liable for FDA-approved products got nationwide attention in 2007 when actor Dennis Quaid sued Baxter alleging his newborn twins received 1,000 times the correct dose of a blood thinner because the labels on high and low doses of the drug were similar, a problem Baxter had acknowledged.

Baxter argued the lawsuit should be dismissed because the FDA had approved the drug and its labels. The court in Illinois, where Baxter is headquartered, dismissed the first case. Quaid filed another lawsuit in California this year.

Deborah Spak, spokeswoman for Baxter, said the company did not lobby or take a formal position on the legislation Bilbray co-sponsored.

Chaleff said Bilbray supported this bill because “the practice of defensive medicine and the ever-increasing costs of liability coverage to doctors put unnecessary costs into our nation’s health care system.”

The bill is pending in the House Energy and Commerce Committee.

Seat at the table

In May 2009, Bilbray was one of seven Republicans among 63 co-sponsors of a bill to give the pharmaceutical and medical device industry three seats on a 21-member board that would review the effectiveness of therapies to determine whether Medicare and perhaps private insurance companies would pay for them.

Steve Irizarry, who helped to plan cigar club events according to the Huffington Post, lobbies on behalf of six pharmaceutical companies. Some of his clients pushed for industry seats on the drug review board—exactly what the legislation Bilbray co-sponsored would provide.

One of Irizarry’s clients—Eli Lilly and Co.—was closely involved in the development of the bill, said Greg Kueterman, a company spokesman.

“It includes many of the protections that the company would be interested in as well as the industry,” he said. “It was shaped up the way that we liked it.”

Spak, spokeswoman for Baxter, said the company “interacted with members of Congress” on this bill “to help ensure that patients with rare diseases are protected and will continue to have access to therapy.”

Irizarry did not return phone calls or an e-mail seeking an interview.

Chaleff said Bilbray co-sponsored this bill because he “believes that bureaucrats should not be making health care decisions for American citizens.”

The bill is pending in the House Energy and Commerce Committee.

NRA support

Chuck Cunningham, lobbyist for the National Rifle Association, also is involved in the cigar club, according to the Huffington Post. In the time since Bilbray sponsored the cigar club last year, he has lent his name to at least three bills that Cunningham specifically reported lobbying on, as well as other pro-gun legislation. The month before he sought approval of the cigar association, Bilbray co-sponsored two more bills that Cunningham lobbied on.

For instance, in October 2009, Bilbray was one of 18 co-sponsors of a bill that would loosen the law governing which former law enforcement officials can carry concealed weapons. Cunningham reported lobbying on this legislation, which would give retired officers of the Amtrak Police Department, Federal Reserve System, the executive branch, and the Armed Forces the right to carry concealed weapons. It also would give retired law enforcement officers the right to carry weapons in school zones.

The bill is pending in the House Subcommittee on Crime, Terrorism, and Homeland Security.

“Congressman Bilbray has a long track record of supporting the 2^nd Amendment,” Chaleff said.

Brooke Williams is assigned to cover the San Diego congressional delegation in Washington D.C. and can be reached atbrookewilliams@watchdoginstitute.org or 202-615-3551.