A Republican who ran against Rep. Jerry McNerney in the 9th Congressional District last year has been charged with lying to the FBI about death threats she said she received during the campaign – threats she now admits she made up herself.
Karen Davis – who served as the Stanislaus County Clerk-Recorder from 1990 to 2001 and as the Manteca City Clerk from 1981 to 1984 – is charged with making false, fictitious or fraudulent statements or representations to federal law enforcement officers during their investigation into the mailing of threatening letters.
Davis, 67, was arrested at her Lodi home and then released after posting $50,000 bond Thursday, court documents show. She’s scheduled to return to federal court in Sacramento on Nov. 19.
She was one of three Republicans who challenged McNerney, D-Stockton, as he sought a fifth term last year. She finished fourth out of four in the June 2014 top-two primary, with only 6 percent of the vote.
In an affidavit accompanying the criminal complaint, Treasury Agent John Hartman wrote that Davis contacted authorities in December 2013 to report she had received an anonymous letter that read in part, “You will be stopped by those who believe in the soverign [sic] rights. A close up shot to your head or to your husband will be final. You make the decision now not to run for congress.” Federal agents and Lodi police began investigating.
Davis reported receiving a second letter in March 2014, Hartman wrote. That letter said in part, “If you don’t quit very soon, you won’t be warned. YOU WON’T SEE IT COMING! Your family will have to plan a funeral.”
“It’s been scary and it’s like throwing a bucket of ice water on democracy,” she told the Bulletin in May 2014. “Nobody should be threatened because they’re running for office, but I’m not somebody that runs from threats. It has changed the way that I can do things, but that doesn’t mean I can’t get the word out and talk about the sorts of things that matter.
The investigation continued, and in February, Davis went to the FBI office in Stockton to be interviewed. She agreed to take a polygraph test but failed it, and then admitted she had written both letters and sent them to herself, Hartman wrote. In a signed statement, Davis wrote that she sent herself the first letter after Lodi police told her she probably wouldn’t be granted a permit to carry a concealed handgun.
“Today, the National Republican Congressional Committee is welcoming Jerry McNerney back to Washington with a plan he won’t be able to resist: the House Democrats’ Retirement Package. This is an incredible offer for the California Democrat. With voters poised to boot McNerney out of office in the next election, why not just bow out now?,” the email said.
“Why wait until voters show you the door in 2014?” NRCC spokeswoman Andrea Bozek said in the release. “House Democrats continue to support tax and spend policies and a big government agenda. If McNerney doesn’t retire soon, voters are going to deliver his retirement for him.”
McNerney, D-Stockton, was one of 10 House Democrats whose districts were targeted with this message, and the only one in California. I just can’t imagine why the NRCC continues to see McNerney as vulnerable, given that he just whupped the NRCC’s anointed “Young Gun,” Ricky Gill of Lodi, by 11.2 percentage points last month – the largest victory margin McNerney has ever had. He also now enjoys the largest Democratic voter registration edge (12 points) he’s ever had, so it’s hard to see how the NRCC sees a foothold there.
But hey, email is free, right? The true test will be when we see how much money the NRCC does, or doesn’t, put behind the next Republican to challenge McNerney.
Lodi Memorial Hospital’s CEO had to tell Republican congressional candidate Ricky Gill’s mother to lay off soliciting votes or campaign donations from patients.
Gill’s mother, Dr. Parampal Gill, is a prominent obstetrician in San Joaquin County; Gill is challenging Rep. Jerry McNerney, D-Stockton, in the 9th Congressional District.
A former hospital employee, speaking on condition of anonymity, said she was one of those who complained to hospital administrators.
“She handed out her son’s cards at Lodi Memorial Hospital, and she even would go as far as to say things to them like, ‘I delivered you a beautiful baby and in return I want four votes,’” the former staffer said. “The hospital has a no-soliciting policy which I assume extends to physicians… I was offended for and on behalf of patients.”
“Our CEO did have a conversation with Dr. Gill about this and it came about because we had a staffer bring to our attention that she heard Dr. Gill saying something like this to a patient,” hospital spokeswoman Carol Farron confirmed this week. “We have had no complaints from patients themselves, however a staffer did bring it to our attention and it’s our policy and our practice if a staffer brings a concern like this to our attention that we would speak to any of the parties involved and just caution them that it’s not appropriate behavior. Because we didn’t have any direct patient complaints, that’s as far as we took it.”
The hospital’s vice president of nursing also spoke with Dr. Gill about the verbal solicitations, Farron said.
“Dr. Gill has a right to advocate for her son, just like any mother would,” Gill campaign spokesman Colin Hunter said today.
Jennifer Simoes, chief of legislation at the Medical Board of California, said things like handing out campaign literature or soliciting votes wouldn’t be actionable by the board, which deals with Medical Practice Act and quality-of-care violations.
“However, absent permission of the patient, using information from patient’s medical records for anything other than the care and treatment of the patient, is something that the Board would look into if we were to receive a complaint,” she said. “The Board would look at the facts of each individual case to determine if there was a violation.”
Molly Weedn, spokeswoman for the California Medical Association, said a physician who provided patient information to a campaign most likely would be violating privacy rules in the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996. But “if the physician was using the information to reach out to a patient on his/her own, then it wouldn’t be considered a violation,” she said.
The bill to which this ad refers is HR 2454, the American Clean Energy and Security Act, which passed the House approved June 26, 2009 on a 219-212 vote; the bill later died in the U.S. Senate. The bill proposed a cap-and-trade system in which the government would limit the total amount of greenhouse gases that could be emitted nationally.
The bill did not impose an “energy tax” directly on Americans. Some opponents claimed it would raise energy costs, but the nonpartisan Congressional Budget Office concluded the cost would be negligible for most and some poorer households would actually gain:
(T)he net annual economy-wide cost of the cap-and-trade program in 2020 would be $22 billion—or about $175 per household. That figure includes the cost of restructuring the production and use of energy and of payments made to foreign entities under the program, but it does not include the economic benefits and other benefits of the reduction in GHG emissions and the associated slowing of climate change. CBO could not determine the incidence of certain pieces (including both costs and benefits) that represent, on net, about 8 percent of the total. For the remaining portion of the net cost, households in the lowest income quintile would see an average net benefit of about $40 in 2020, while households in the highest income quintile would see a net cost of $245. Added costs for households in the second lowest quintile would be about $40 that year; in the middle quintile, about $235; and in the fourth quintile, about $340. Overall net costs would average 0.2 percent of households’ after-tax income.
The American Petroleum Institute had estimated the bill would raise gas prices by 77 cents per gallon, but the Environmental Protection Agency estimated the increases in gas prices would amount to less than 2 cents per year over the next two decades.
Among many other provisions, the bill included a low-income energy tax credit program to offset any impact of higher energy prices; an energy rebate to reach families who don’t make enough to file tax returns; and a $4-billion, one-year program providing vouchers for the purchase or lease of a new car or truck to those who trade in an eligible vehicle for one that’s more fuel efficient.
The bill was widely supported by environmental organizations, but actually split the business community somewhat: Supporters included General Electric, Dow Chemical, Pacific Gas and Electric, Ford Motor Co. and DuPont, while opponents included the U.S. Chamber of Commerce and the National Association of Manufacturers.
Here’s the latest ad that McNerney is running against his Republican challenger, Ricky Gill:
“Ricky Gill never held a full-time job.” – Gill has held various summer jobs and internships, but has had no full-time job other than being a partner in his parents’ farming and RV park businesses, where his duties have been unclear. Gill graduated from law school in May, but hasn’t taken the California State Bar exam and so can’t practice law yet.
“He has an allowance from his parents.” – Gill’s personal financial disclosure says he received $10,000 in salary in 2010 (while in law school) from CVR Management of Lodi, a company registered to two of his brothers, not his parents. I’m pretty sure it was the California Democratic Party which first called this “an allowance.”
“Gill Family: $40,000 in unpaid taxes and liens” – The McNerney campaign provided me a 27-page PDF of lien records (summary pages 1 and 2) culled from the Sacramento and San Joaquin county recorders’ offices, detailing various liens from 1985 through 2011 for state and county taxes, delinquent utility charges, and contractors’ services.
“Gill Family: $165,000 in taxpayer-funded subsidies” – McNerney’s campaign provided this breakdown:
Gill-Chabra Farms: $43,531, including $35,892 in disaster subsidies in 2004-2005 and $7,639 in commodity subsidies from 1996 through 2001
Gill’s campaign spokesman told the Associated Press earlier this year that the disaster subsidies were to offset crop problems affecting the family’s wine grapes.
“Jerry McNerney: Opposed $350 billion bailout” – As I reported here a month ago, he opposed it after it had already happened, essentially a completely symbolic vote. But he had voted for the Troubled Assets Relief Program (TARP) in the first place, as had 91 House Republicans including now-Speaker John Boehner, R-Ohio.
UPDATE @ 2:12 P.M.: Gill’s campaign notes that I didn’t fact-check McNerney’s description of himself as “a real small businessman;” his financial disclosures indicate he resigned as CEO of Hawt Power in 2006, and mentioned no income from any business in 2011.
McNerney, D-Stockton, opened by noting his six years in Congress were preceded by 20 years in industry, including some time running his own business, but his public service was inspired by his son’s decision to join the Air Force soon after the Sept. 11, 2001 attacks. He said his priorities for the next term would be creating jobs and improving the local economy; protecing the Delta; and serving veterans.
“We face a crippling level of underrepresentation in this district,” Gill countered in his opening statement, which has led to a stagnant economy, a rampant foreclosure crisis, failing schools and other ills. He said he would spend his first term striving to put local residents back to work, fixing schools and cleaning up government.
Asked about veterans’ services, McNerney noted he helped bring a veterans’ hospital to the county, for which ground is to be broken next year; he said it’s part of what he feels is “a sacred responsibility” to care for those who took up arms to serve the nation. Gill said he agrees budgets can’t be balanced on veterans’ backs, and he would work to expedite funding for the veterans hospital as well as to speed up the processing of veterans’ benefit claims.
Asked about the foreclosure crisis, Gill noted he has vowed not to accept any money from Wall Street banks, while McNerney has accepted such funds. McNerney said he has been aggressive in holding local workshops for those stricken by the crisis and in holding banks accountable on Capitol Hill.
Asked about the negative campaign mailers both candidates have sent out, McNerney decline to apologize for anything that’s been said but noted the corrosive influence of money from special interests outside the district is “taking away the people’s voice.” He said he has supported the Disclose Act to shine a light on that money, and supports President Obama’s re-election so Obama can appoint Supreme Court justices who will overturn the Citizens United ruling that opened the money floodgates; he said he also supports amending the Constitution to void that ruling. Gill said people are worried not only about money in politics but where that money comes from, noting much of McNerney’s campaign funding comes from outside the district; he also noted a few falsehoods contained in McNerney’s mailers, such as a claim that he still lives with his parents – in reality, he moved out last year, into a home across the road from his parents’ home on the family’s property.
It takes some pretty tortured logic to conclude that Gill’s adherence to the Americans for Tax Reform pledge amounts to support for companies that outsource jobs – so tortured, in fact, that nonpartisan fact-checkers such as FactCheck.org and PolitiFact.com long ago deemed the claim false.
Here’s Gill’s newest ad:
McNerney voted for the economic stimulus of 2009, but had nothing to do with the Obama Administration’s selection of Solyndra for the loan guarantee – under a program begun by the Bush Administration – on which it later defaulted. Also, if Gill blames McNerney and Democrats for the Wall Street bailout, he also should blame the 91 House Republicans – including now-Speaker John Boehner, R-Ohio – who voted for it too. And pinning national problems like a stagnant economy, soaring gas and health care prices and the national debt on one congressman’s “experience” seems like a stretch; there’s plenty of blame to go around, on both sides of the aisle.