Thursday, July 9, 2015

Petition for Transfer to Court of Appeal





















Application for Certification for Transfer






SUPERIOR COURT OF CALIFORNIA

COUNTY OF SANTA CRUZ

APPELLATE DIVISION


PEOPLE OF THE STATE OF                                                AP 001660
CALIFORNIA,                      
                                                                                                Criminal Case
            Plaintiff/Respondent,                                                     No. M64170

vs.

GARY ALLEN JOHNSON,

            Defendant/Appellant
____________________________/


                                                Appeal from Santa Cruz County Superior Court
                                   
                                                            Hon. John Gallagher, Judge Presiding


________________________________________

APPELLANT’S APPLICATION FOR CERTIFICATION                                             TO TRANSFER TO COURT OF APPEAL                                
________________________________________





                                    Ed Frey  (SBN 42814)
                                                                        4630 Soquel Dr., Ste. 12
                                                                        Soquel, CA 95073
                                                                        (831) 479-8911
                                                                        (Fax) 479-8174

                                                                        Attorney for Appellant
                                                                        GARY ALLEN JOHNSON
Pursuant to CRC Rule 8.1005(a)(1), Appellant Gary Allen Johnson applies for certification of this case for transfer to the Court of Appeal, in order to settle the following important questions of law:

1) Denial of Appellant’s First Amendment Right to Express Himself by Sleeping
            Appellant slept overnight with a sign affixed to his body stating “Sleep is Not a Crime”. The United States Supreme Court has stated that “overnight sleeping…is expressive conduct protected…by the First Amendment.” Clark v. Community for Creative Non-Violence (1987) 468 US 288, 293. The Ruling on Appeal filed April 17, 2015 (“Ruling”) ignores that settled principle, stating that, although the statute prohibits sleeping, “it leaves open a multitude of other ways in which to protest.” (Ruling, 4:17-18). The Supreme Court’s clear rationale for upholding the ban against expressive sleeping in Clark was that such activity could potentially interfere with the massive numbers of daily visitors to an eminently iconic location—the park directly across the street from the White House. No such facts exist in the instant case. Indeed, as stated in the Ruling (3:23-25), “Appellant’s activities did not interfere with anyone else’s movements or activities and no one complained about Appellant’s activities.”
            Thus, despite the Appellant’s exercise of a protected mode of expression which did not so much as inconvenience anyone else, the Ruling disregards his right to express himself that way by requiring him to first obtain permission from the government, the very entity whose evil he was protesting. That is a pinched and obviously invalid application of the bedrock principle of this country’s democratic governance.

            The Ruling permits the government to apply the statute in question by prohibiting this approved mode of expressive conduct at all times and in all places, public and private. Such absolute restrictions cannot be considered “reasonable”.

2) Unenumerated Right To Sleep
            The Ruling ignores the Congressional debate on the Bill of Rights, in which Congressman Theodore Sedgwick argued that if rights remained unspecified, judges and other government agents might feel free to control the people’s sleeping habits. (AOB, 15).
            Despite the adoption of the Ninth Amendment following that debate, despite the adoption of its analogue in the California Constitution (AOB, 15), and despite the judicial acknowledgment that deprivation of sleep causes serious mental and physical impairments (AOB, 16), the Ruling approves the statutory prohibition against sleeping, contending that the statute “is not a prohibition on the right to sleep.” (Ruling 7:15). This statement contradicts the Appellate Division’s approval of the trial judge’s definition of “lodging” as “sleeping” where that activity occurs in connection with settling or living “in a place including temporary living.” (Ruling, 5-6). A sojourner’s stop to take a 5-minute nap would thus risk violating that interpretation. Is the sojourner not “living” while he is sleeping? How long is “temporary”?
            The perennial failure to apply the Ninth Amendment and its California analogue betrays a permanent judicial deference to those who control American legislatures. The founding fathers called for common sense, so that, for example, they would not have to spell out the right to breathe in the Constitution, but the courts, including this court, take the position, in effect, that if a right is not expressly enumerated it does not exist. The language of the Ninth Amendment makes that position clearly erroneous.

3) Judicial Refusal to Rely Upon the Text of the Constitution
            Instead of attempting to explain how the many constitutional passages cited by Appellant can be reconciled with the prohibition against sleeping, the Ruling relies on the lack of “any case authority supporting” the right to sleep. Id., 7:1. Thus the court holds in effect that the absence of judicial precedent decision trumps constitutional text, and that lower courts have no authority to directly apply such text to matters brought before them. In other words, the court is contending that the Constitution does not mean what it says, it can mean only what other judges have said it means. This questionable form of judicial restraint leads to constitutional collapse. By what authority is this court prohibited from arriving at its own interpretation of constitutional passages and basing its decision on such interpretation? No one cites such authority.

4) Art. I, Sec. 1, California Constitution
            The task of reconciling the statutory ban against sleeping with the broad recognition of specific inalienable rights set out in Article I, Section 1 is obviously a difficult one, but the Ruling fails to even make an attempt.
            If a person has an inalienable right to seek and obtain happiness (safety, privacy) common sense dictates that the government is not allowed to deprive him of sleep. But since the Ruling utterly fails to grapple with the meaning of the words of Article I, Section 1 of the California Constitution, it converts those passages into mere banality and subjects us all the more to an arbitrary and capricious constabulary.

5) Void for Vagueness
            The Ruling fails to explain how the trial court can dismiss Appellant’s void-for-vagueness claim prior to trial, but then comply with a prosecution request which incontrovertibly implies that the jurors need a definition of “lodging” in order to make an informed decision as to guilt or innocence.
            The trial court’s two rulings directly contradict each other. No one, not the prosecution, not the trial court, nor the Appellate Division has cited any judicial or other authority supporting this dual treatment. The average citizen watching the pre-trial proceedings and then the jury trial would consider this glaring inconsistency to be an obvious act of hypocrisy-in-the-service-of-a-desired-outcome.
            The inconsistency violates Canon 3-B(5) of the California Code of Judicial Ethics, which provides that “A judge shall not, in the performance of official duties, engage in…conduct that would reasonably be perceived as…bias or prejudice.” (Emphasis added)
            Further, a peace officer’s warning to the citizen that he, the peace officer, is of the opinion that the citizen’s activity is unlawful, does not automatically make it unlawful, nor does it repair the vagueness and ambiguity of the wording of the statute.
Finally, the Ruling fails to provide any analysis or decision on the As-Applied doctrine.

6) Cruel and Unusual Punishment
The Ruling downplays the 2-year jail sentence by characterizing it as an 84-day “credit for time served sentence.” (Ruling, 9:5).
The California Constitution provides that a punishment that is cruel OR unusual is prohibited. Any sitting judge with even a modicum of criminal law experience can easily affirm that even 84 days in jail for the wholly victimless act of sleeping is at least “unusual” (as well as punitive toward a whistle-blower who was peacefully trying to get his message across).

CONCLUSION
            In view of the Ruling’s significant defects as identified by the Appellant, the Appellate Division may wish to exercise its power to order a rehearing on its own motion. CRC Rule 8.889(a)(1).
            Otherwise, Appellant requests that the case be certified for transfer to the Court of Appeal.

Dated: May 4, 2015
Respectfully submitted,

                                                                                    ____________________________
                                                                                    Ed Frey, Attorney for Appellant
           


Ruling on Appeal
















Tuesday, April 21, 2015

Letter to Jimmy Panetta



ED FREY, Attorney at Law
4630 Soquel Drive, Suite 12
Soquel, Ca 95073
(831) 479-8911
(fax) 479-8174


April 14, 2015

VIA HAND DELIVERY

Jimmy Panetta, Deputy District Attorney,
County of Monterey
230 Church Street
Salinas, Ca 93901

Dear Mr. Panetta,

I represent Jose Castañeda, a member of the Salinas City Council, in the criminal charges the Salinas police are bringing against him. The first hearing is set for April 16th at 8:15 a.m. in Superior Court. This case has several signs of abuse of police power; it is merely the latest in a series of illegitimate actions against him.

The charges are driving on a suspended license and no proof of insurance. Two senior police Commanders, David Crabill and Henry Gomez, were staked out at his home on Saturday March 28, 2015 (at an unknown cost to the Salinas taxpayers), and when Mr. Castañeda drove away in a friend’s car, they stopped him and issued a citation requiring him to appear in court. Mr. Castañeda had no knowledge that a speeding ticket from Kern County three years ago had not already been resolved; further, he had not received any notice from the DMV regarding the suspension. As you may know, this last fact provides him with a solid defense to the charge of driving on a suspended license. Further, the automobile was fully insured at the time of the stop.

Within moments of the stop, a tow truck arrived as part of this law enforcement operation, but the car’s owner appeared on the scene and showed proof of insurance, which forced the police to send the tow truck away. (Mr. Castañeda is also insured personally for all his driving activities, so he was actually doubly insured).

If this were standard operating procedure, the Salinas Police Department would have gone bankrupt years ago—there must be hundreds of such suspensions every year among the residents of Salinas alone. We intend to seek a formal pre-trial judicial dismissal of all charges before further public funds are wasted by holding a jury trial. This is an obvious case of selective law enforcement prohibited by the case of People v. Murguia, and a gross misuse of police and judicial resources.


Jimmy Panetta
April 14, 2015
P. 2

As you may know, Mr. Castañeda is a long-time advocate for poor and oppressed people, which apparently causes discomfort in the higher quarters of the local establishment.

I contact you not only because you are a public prosecutor and your office will be in charge of his case, but also because you have publicly announced your intention to consider making a run for Congressmember Sam Farr’s seat when he retires in 2016. As you likely have seen in just the past few days and weeks, the issue of police abuse has moved to the top of the national agenda, with many civil rights leaders and others calling for federal legislation to require close monitoring and control of law enforcement activities in every police jurisdiction in this country.

As a potential candidate for Congress, you are in a position to demonstrate your commitment to equal justice for all by making an early public declaration supporting such legislation to finally put some teeth in the “police review board” process. The city of Salinas is already on the national radar for the recent spate of five police homicides involving minority victims; the people in this congressional district are looking for genuine leadership on this issue.

Secondly, one of Mr. Castañeda’s major concerns is methyl bromide poisoning of farmworkers, school students, and residents living near strawberry fields. You may know that in the mid 1990’s, Congressman Farr began undermining the beneficial effects of the Montreal Protocol, a 1987 world-wide treaty ratified by the United States and all other countries. That treaty bans the use of methyl bromide, one of the most toxic substances known to humankind. In exchange for re-election funds from the corporate strawberry growers, Mr. Farr obtained an ongoing exemption from the treaty. The official rationale for the exemption was plain and simple: maximization of corporate profits.

I say that you “may know” of Mr. Farr’s actions because, owing to an ongoing blackout in the corporate media about his actions, hardly anyone in this congressional district is aware of his sponsorship of this exemption: not even environmental activists and lawyers were aware of his involvement until I told them about it recently.

Any competent farmer can make a decent profit growing strawberries in the rich soil of the Salinas Valley or the Pajaro Valley without using methyl bromide, but if the goal is maximizing quarterly profits and you’re not concerned with the human consequences, the current Congress offers special privileges here and in Florida.

A few years ago the U.C. Berkeley School of Public Health conducted local field and statistical research on the human effects of methyl bromide. One of the findings is that, among pregnant women, the closer they live to the affected strawberry fields, the lower the birth weight of their babies. The implications for these babies and for everyone else

Jimmy Panetta
April 14, 2015
P. 3

living, working, or attending school nearby are frightening, but in a dramatic demonstration of the power and values of the local elite, Mr. Castañeda and two of his Board of Education colleagues were harassed and punished in 2013 for having the temerity to try to protect their students from this toxic chemical. The voters in this district have a right to hear your views about methyl bromide and whether you would take all steps necessary in Congress to put an end to this abomination. You could even urge Mr. Farr to reverse his policy right now, before further damage is done to the people.

Finally, please transmit our thoughts concerning the criminal charges to District Attorney Dean Flippo with the modest proposal that he confer with the appropriate city officials to first, obtain a City Council resolution calling for dismissal of the current charges against Mr. Castañeda, and second, present a District Attorney’s motion to the court, in the interests of justice and avoiding the further waste of public funds, to dismiss the charges.

I look forward to your prompt response to these matters.

Yours truly,



Ed Frey
           

Sunday, March 15, 2015

Letter to Supervisor Joe Simitian, March 15, 2015



March 15, 2015

Honorable Joe Simitian
Member of the Board of Supervisors
County of Santa Clara
State of California


Dear Supervisor Simitian,

Like many other people in this country, I am thinking about the 2016 elections and seeking ways to make government more responsive to the needs of the people. I am driven by the fact that, upon close examination of our individual lives, a clear pattern emerges: Most people (everybody except the wealthy) are subjected to a wide range of risks, the awful possibility that their needs will not get met—their needs for housing, for food, for education, for health care, and so on.

As the saying goes, most of us live a paycheck away from disaster, but the funny part is that the widespread stress and deprivation are unnecessary and completely avoidable. Let’s be candid: Our 21st century governments are primarily devoted to enhancing the privileges and fortunes of the rich, and any government uplift afforded to the mass of people is pretty much designed to stave off revolt and starvation. We ignore the central purpose of the Constitution that is set out in the Preamble: to promote the general welfare.

Take your district, for example: Santa Clara Valley, also known as Silicon Valley, one of the wealthiest places in the world, home to Apple, Google, Facebook; the place where the doctrine of corporate personhood originated (Southern Pacific Co. v. County of Santa Clara (1886)); somehow your willfully depleted local governments are closing down desperately needed homeless shelters and outdoor encampments, depriving people of a safe place to sleep.

In my congressional district, Santa Cruz and Monterey Counties, we have an additional, equally cruel imposition on poor (mostly farm worker) families: unknown to virtually everyone, our Congressman Sam Farr twenty years ago quietly worked the international system to his advantage (the Senate Republicans, who recently blurted out everything to the whole world in their clumsy letter to the Ayatollah, could have learned a lot if they had watched this subtle Congressman operate). The corporate strawberry growers back then wanted to use methyl bromide on their fields in order to maximize profits, but it had been banned worldwide along with chlorofluorocarbons (“CFC’s”) in an international treaty of the mid-1980s called the Montreal Protocol, largely because these chemicals were slowly destroying the Ozone Layer. But methyl bromide also happens to be one of the most toxic substances known, and it migrates to its surrounding environs after it is injected into the soil, despite the plastic coverings on the fields. One result is that in the Salinas Valley and the Pajaro Valley pregnant mothers living near the corporate strawberry fields are having low birth-weight babies; the closer to the fields the lower the weight, according to studies conducted by the UC Berkeley School of Public Health.

Sam Farr knows about these and other ill effects, but allows this corporate cruelty to continue unchallenged. He gets away with it because hardly anyone in his district even knows about his stealthy participation. The corporate press never report his role in obtaining the methyl bromide exemptions, and as a result there is virtually total ignorance, even among environmental activists and lawyers, of his skullduggery in service to the corporate bottom-line.

There is the nub of the problem of government dysfunction: the people have so little information and insight about how our government actually works that, despite all our digital communication capabilities, we’re all still pretty much in the dark, innocent bystanders on the wrong side of all those closed government doors where the real negotiations, deals, and decision making quietly take place.

We could have nipped the methyl bromide scheme in the bud if we’d had the chance to listen in on those strawberry agribusiness lobbyists’ meetings with Sam Farr.  If we even had just been able to read his emails to and from the lobbyists, we would have learned how many hundreds of thousands of dollars of campaign contributions they paid him to work his awful magic.

Well, yes, but the bedrock fault is with the People—for far too long in our silence we have watched and enabled the ever-more complete privatization of public office. By now we have no effective process by which to stay informed or to hold our officeholders publicly accountable; modern elections and human nature being what they are, we are left with government that works only for the rich and powerful.

But it is a great source of hope that at least some of the people are determined to intervene, to open up those closed doors and then bring our publicly-elected officeholders forward on television and the internet every 30 days, for genuine public dialogue; conversation about the real issues, in which we can ask follow-up questions. Such public conversations carry the potential for getting the politician to go through an open and public reevaluation of opinion and change-of-mind.

The citizens wanting to participate would put their names in a hat and, if chosen, each would have the option of choosing a proxy spokesperson (Rush Limbaugh, Noam Chomsky, Medea Benjamin, etc.) to appear in their places. Our town hall meetings and press conferences are wired in advance to serve as mere platforms for propaganda. The concerned citizen or journalist gets twenty or thirty seconds to lay out the problem and ask a question, and the officeholder then takes fifteen minutes, if necessary, to utter a fully biased response concerning the facts and the reasoning.

In addition to these public dialogues, we also propose a further reform measure: Just as with our peace officers, whenever our elected officeholders are carrying out public business, their words and actions should all be digitally recorded and archived and made easily accessible to the public. We have the technology; we should use it for these urgent public purposes.

Think of the quality of political education, discourse, and participation these new processes would bring. We’d have a coherent ongoing national conversation for the first time that carries the potential for positive change in all areas of public life, with free access to the information that would make it all possible.

I have two reasons for directing my thoughts to you: First, I ask you to reconsider your public stance against the principle of periodic sessions of public accountability for officeholders. In a 2007 town hall meeting in Santa Cruz (when you represented part of Santa Cruz in the State Senate in a gerrymandered district) you took the position that officeholders should not be compelled to appear in public and answer questions. You argued that freedom of speech includes the right to remain silent and that officeholders should therefore have this option. But if officeholders have that privilege, it would be impossible to hold them accountable in public, so if you still feel that way, I would challenge you to defend your position in a public debate.

Secondly, as a County Supervisor, you are in a strategic position to act in full accord with the state statute that requires all counties in California to fully protect the health of the poor. (Welfare & Institutions Code Sec. 17000) According to many authorities (including a broadly worded hint from the California Supreme Court in Tobe v. City of Santa Ana (1995) 9 Cal.4th 1069, footnote 18). Applying common sense and common decency, this county-level duty would surely include providing a place to sleep for those who have no property right in any sleeping space.

We need to take a good hard look at the folly and the cruelty: At the urging of the Chamber of Commerce and their natural allies, our local police and sheriffs get paid for devoting a lot of time rousting homeless people from a night’s sleep, ticketing them, forcing them to move, confiscating their belongings and arresting them for “unlawful lodging” a misdemeanor under another state statute, Penal Code Sec. 647(e). Judges, lawyers, and jailkeepers also earn a lot of salary processing these “crimes”. But we need not bother to look for any binding judicial precedent decision that might protect the right to sleep though—there is no such precedent decision and, therefore, no right to sleep if you don’t have a preexisting property right. The upshot is that there is not a single square inch in the entire state of California where it is legal to sleep, and so far, despite the California Supreme Court’s broad hint, I have not found a single judge who is willing to stand up and explain just how and why the Constitution and the statutes fail to protect the right to sleep.

The higher courts routinely refuse to exercise their discretionary power to grant appellate review, and the entire issue gets repeatedly swept under the judicial rug, decade after decade. In my cases I point out to the judges how Congressman Theodore Sedgwick of Massachusetts stood up during the Bill of Rights debates in 1790 in favor of the proposed Ninth Amendment (“The enumeration of certain rights in the Constitution shall not be construed to deny or disparage others retained by the people.”) He argued that he did not want to see judges and others in the government trying to control the sleeping habits of the people. But this legislative history seems to fall on deaf ears.

Judges today also blithely ignore the California Constitution, which provides that everyone has an inalienable right to seek and obtain safety, happiness and privacy; it also includes a Ninth Amendment-type of clause.

In January 2012 my client, Gary Johnson, slept out in front of the Santa Cruz County courthouse on a bench for four nights (he was only there from 8pm until 6am each day) with a sign propped up on his body saying “Sleep is Not a Crime”. We argued that his First Amendment rights to express himself and to petition the government for redress of grievances override the government’s power to punish him, particularly when there is no victim of his ‘crime’. He bothered no one by his sleeping. We also argued that the statute is void-for-vagueness because police officers and citizens would not know what ‘unlawful lodging’ means (for example, does it mean no sleeping on our tourist-covered beaches?). The judge ruled that it was not vague, and stated that the statute is perfectly clear in its meaning to citizens and police. Later, though, while instructing the jury, he was concerned that the jurors would not know what it means, so he made up his own definition for them: ‘lodging’ means ‘sleeping’.

We also argued it is cruel and unusual punishment to impose a two-year jail sentence for four nights of harmless sleep, but that too was rejected.

We appealed, and the Superior Court appointed only two judges to hear and decide the appeal; we objected to the lack of a third judge as a failure to provide due process, but they rejected that, too. We sought review in the Court of Appeal in San Jose, and after eighteen months they decided that three judges are required, so a new hearing at Superior Court Appellate Division is now set for Thursday, March 19th at 4pm in Santa Cruz.

My second challenge to you is, assuming the judges continue to ignore all considerations of ethics and humane governance and once again reject our constitutional arguments, are you willing to publicly debate me or a homeless person on the statutory duty of the  County of Santa Clara to provide a place to sleep?

Given these patterns of judicial stonewalling and elected officeholder secrecy and isolation, we have effectively lost all right to petition the government for redress of grievances. Think, for example, how frustrating it is for protestors outside a Presidential nominating convention to be corralled behind police fencing a mile away from the hall. Mass public protest, though, is usually a blunt instrument for petitioning the government—we need the opportunity to reason calmly in public with our elected officeholders. The debate between you and me about homeless rights that I propose here would set a positive example.

If you reject this second challenge, we will file suit against the County of Santa Clara to enforce the statutory rights of people who have no abode, just as we plan to do in Santa Cruz and Monterey Counties.

These proposals and challenges I present to you are some of the opening initiatives of our strategic plan to require all 2016 ballot candidates all across the country at all levels of government to take a stand, yes or no, do you or do you not support open and accountable government? Finally we have a way to inject real meaning into an election season. This plan is spelled out in more detail in the Declaration of Intervention, which is set out at www.FullSpectrumDemocracy.org. There you will also find a letter to Jesus ‘Chuy’ Garcia, run-off candidate in the April 7, 2015 Chicago mayor’s election against incumbent, Rahm Emanuel telling Mr. Garcia of our hopes to make open and accountable government an issue in that race. In 2007 John Cullerton, President of the Illinois Senate, took the citizen-officeholder dialogue idea to his then-congressman, Rahm Emanuel, advocating a constitutional amendment to require monthly dialogues as a duty of every elected officeholder, but Emanuel ignored this suggestion. Four years later, however, when Emanuel’s boss, President Barack Obama, was hesitating to even comment publicly for an embarrassingly long interval while his ally, Hosni Mubarek, was threatened by revolution, the President finally stepped forward and said on worldwide television: ‘Mr. Mubarek, what you should do is establish a dialogue between the citizens and the government of Egypt.’ So our President thinks that the remedy for a troubled government is the very kind of public dialogue we are advocating.

Thus, your decision on these challenges we present here can be guided by the leader of your party as well as the likely future leader, Hillary Clinton, who solemnly and often vows to honor transparency in all aspects of government at all times.

I look forward to your prompt response to these matters.

Yours truly,

Ed Frey
(831)479-8911
edwinfrey@hotmail.com

Letter to Jesus "Chuy" Garcia, Candidate for Chicago Mayor, April 7, 2015 election



March 8, 2015

Open letter to Jesus ‘Chuy’ Garcia, Candidate for Mayor of Chicago

Dear Mr. Garcia,

I have information that may help you raise a crucial public issue in your race for mayor.

From all accounts I’ve read, you seem to have dedicated your political energy for decades to creating government that promotes the general welfare. My sense is you believe that government is at its best when it’s open and accountable, transparent and dedicated to the well-being of all the people. It is the unfortunate fact that elected public office in our country has now been almost completely privatized and is primarily dedicated to enhancing the bottom line: private corporate profits. This corruption of the central mission of government has been quietly enabled by the corporate press.

My California congressman, Sam Farr, for example, secretly arranged to lift the worldwide ban on the use of methyl bromide (the Montreal Protocol) in exchange for campaign contributions from the agribusiness strawberry growers. The official rationale: maximization of profits. Congressman Farr knows that the UC Berkeley School of Public Health studies show that this chemical poisons farm workers, nearby school students, and residents, and causes low birth weight babies; the closer to the fields, the lower the birth weight, but Farr continues to support the corporate profit taking, claiming for nearly twenty years now that the growers are seeking alternative pesticides, but just haven’t found one yet. It is remarkable that, thanks to the media blackout on Farr’s involvement in this issue, most everyone in the district, including the environmental activists and lawyers, are ignorant of his actions in this corruption and the consequences.

I have read a lot of commentary that your opponent, Rahm Emanuel, also sacrifices the public interest in exchange for corporate support. That is consistent with the story that in 2009 he engineered the backroom deal-making with the pharmaceutical and health insurance industries that created massive profit opportunities for them, as the Obama administration responded to the national outcry for decent health care with a crazy-quilt patchwork of confusing and stingy health coverage.

Here is my message to you: In 2007, Senator John Cullerton (now President of the Illinois State Senate) approached Rahm Emanuel, his long-time Democratic ally, to promote a plan for open and accountable government: televised thirty-minute conversations between a citizen (chosen by lottery from all names volunteered) and that citizen’s elected officeholder. Every month the President, Vice President, each Senator and each House member would have to engage in unscripted dialogue. By now it has become obvious that town hall meetings and press conferences are too easily manipulated into platforms for officeholder propaganda. Had this dialogue process been in place, we could have exposed and stopped Sam Farr’s corruption twenty years ago.

John Cullerton and I had between five and ten conversations over the years leading up to 2007 in which I pushed him to accept the dialogue idea; late that year he finally told me that he liked the idea, in fact that he liked it so much that he was going to add his own suggestion and take it to his congressman, Rahm Emanuel, as a proposed amendment to the United States Constitution, making participation in these dialogues a duty of office for all elected officeholders. Senator Cullerton’s added suggestion was for Congressman Emanuel to organize informal dialogues between Chicago-area residents and their Congress members in order to demonstrate the proposed process.

Mr. Emanuel appears to have quietly ignored the suggestion, but his boss in January 2011, President Barack Obama, stepped forward on worldwide television (after an embarrassing long period of silence in the face of the erupting Egyptian revolution) and said: “Mr. Mubarek, what you should do is immediately establish a dialogue between the government and the citizens of Egypt.” Yes, the President endorses such public dialogue as the remedy for a troubled government. I spoke with Senator Richard Durbin at a gathering in Chicago nine months ago and he said the dialogue idea seems sound.

For too long, we have been denied our First Amendment right to petition government for redress of grievances. Many people feel that taking to the streets is the only way to protest, but that process is usually too blunt and incoherent for reasoned discourse, and too easily dismissed and distorted by the corporate press. Genuine dialogue, though, can peacefully help everyone who listens and participates to gain knowledge and insight into what goes on inside government and what can be done to make things better.

We in America urgently need a unifying national conversation which everyone can take part in. If you favor this basic change in our political process you may want to challenge the Mayor to state his present attitude toward open and accountable government. The specifics of the plan many of us favor are set out at www.FullSpectrumDemocracy.org. We also recently added a second process, which would require all elected officeholders to wear body cameras when they are communicating with any one about public business; all members of the public have a right to be a witness, to see and hear what is going on. All communications, written and oral, would be immediately archived on the internet, and every citizen would be free to provide the officeholder with her or his own advice on the issues being discussed.

This kind of direct and constant exposure would neutralize the power of corporate lobbyists and their money, and give the officeholder maximum incentive to act in the public interest. We have the technology—why shouldn’t we use it to counter the natural human tendency to abuse power secretly. I sense that the people of Chicago, California, and everywhere else want to rise as one and say: “No more public business behind closed doors!” We’ve put up with this unnecessary government secrecy without serious objection for too long. Your election contest could be a dramatic introduction to a nationwide campaign to insist that every candidate for public office in 2016 take a stand, yes or no, on the issue of open and accountable government (as described at www.FullSpectrumDemocracy.org or a similar alternative).

I wish you the best of luck; don’t hesitate to contact me if you need any follow-up on these issues. I can provide more detailed information and documentation if needed. You can reach me at (831)479-8911 or dimwil@msn.com

Yours truly,


Ed Frey