Andrew Aylward: Dems near finish line on START treaty

Democrats in the Senate are confident that they will have the votes necessary to ratify the Strategic Arms Reduction Treaty that President Obama signed with Russian President Dmitry Medvedev in April.

Ratification requires 67 votes and would mark another legislative win for Democrats in what is shaping up to be a not-so-lame lame duck session. Senate Majority Leader Harry Reid (D-NV.) has moved for cloture on Tuesday. A ratification vote is expected on Wednesday.

While Republican Sens. John McCain (AZ.), Lindsey Graham (NC.), and Mitch McConnell (KY.) are all outspoken critics of START, fearing limits on U.S. missile defense, a number of moderate Republicans have either pledged support or are leaning in that direction. They include Sens. Thad Cochran of Mississippi, Olympia Snowe and Susan Collins, both of Maine, and Bob Bennett of Utah.

The nuclear arms treaty would limit both Russia and the U.S. to 1,550 strategic warheads each, down from a previous level of 2,200. Land, sea, and air missile launchers would also be limited to 800, and a provision in the treaty outlines a monitoring and surveillance system.

While it seems the votes necessary to end debate and move forward to a final vote will be present, the biggest challenge for Democrats may prove to be working through Republican amendments and maintaining support of Republicans throughout at least one more day of debate.

Posted By: Carolyn Lochhead (Email) | Dec 20 at 09:18 AM

Andrew Aylward: "Don't Ask, Don't Tell" vote breakdown

The 65-31 vote today in the Senate overturning the 17-year-old ban on gays and lesbians in the military known as "don't ask, don't tell" garnered support from both sides of the aisle.

Here are the Republican senators who voted in favor of the repeal:

Scott Brown (MA.)

Richard Burr (NC.)

Susan Collins (ME.)

John Ensign (NV.)

Mark Kirk (IL.)

Lisa Murkowski (AK.)

Olympia Snowe (ME.)

George Voinovich (OH.)

Burr, Ensign, and Kirk were three surprise yes votes; Democrats were only expecting the support of five Republicans.

No Democrats voted no. Notably absent from the vote was West Virginia Democrat Sen. Joseph Manchin, who missed today because of a "family holiday event," according to his spokesperson.

A full breakdown of the DADT vote can be found here

Posted By: Carolyn Lochhead (Email) | Dec 18 at 03:09 PM

Andrew Aylward: Senate repeals controversial "Don't Ask, Don't Tell"

In a historic vote, the Senate repealed the 17-year-old policy banning gays and lesbians from service in the armed forces. The 65-31 vote marks the most significant shift in military recruitment policy since African Americans were officially integrated into the army during World War II.

In a last minute surprise, three unexpected Republicans voted in support of the repeal: Sens. John Ensign of Nevada, Mark Kirk of Illinois, and Richard Burr of North Carolina.

Sens. Barbara Boxer and Dianne Feinstein are both strong supporters of overturning the controversial policy.

Here is an excerpt from a Feinstein statement:

"The first vote today to move forward with the repeal of Don't Ask, Don't Tell was 63-33 to end discrimination against gay men and women in the United States military. Seventeen years ago, the vote was exactly the opposite, 33-63. One-third of support has changed to two-thirds of the United States Senate supporting the repeal of Don't ask, Don't Tell over the past seventeen years. I strongly believe that is emblematic of the change of thinking in the United States. Over these last years, gay Americans have established themselves as heroes, as professionals, as academicians, and as brave warriors for our country. There are millions of stories that demonstrate this. In 1975, I was there in San Francisco when a woman carrying a gun attempted to assassinate President Gerald Ford. It was a gay man who grabbed her gun which deflected the shot aimed at our President. In 1982, I remember when a plane crashed on the 14th Street Bridge in Washington and passengers were on the verge of drowning in the ice-covered Potomac River. It was a gay man who jumped in the freezing water to save them."

Boxer added:

"This is a historic vote for equality, civil rights and a stronger America. This vote is a continuation of our nation's march toward full equality for all."

The repeal marks a monumental victory for gay rights advocacy groups, who have been working for years to overturn the discriminatory policy.

"America made history today. After 17 years of this failed and discriminatory law, gay and lesbian service members will soon be able to serve with the full honor and integrity the uniform demands," said Fred Sainz, president of the Human Rights Campaign. "No longer will patriots be forced to lie in order to serve the country they love and are willing to die for."

Posted By: Carolyn Lochhead (Email) | Dec 18 at 02:06 PM

Rep. Lynn Woolsey, ex-Progressive Caucus chair, thinking of retiring

Rep. Lynn Woolsey, one of the most liberal members of Congress, is thinking -- thinking, mind you -- about calling it quits in 2012 after this term ends.

"She hasn't made up her mind," Wools' spokesman Carl Rauscher told us Friday. "But she will make that call by June."

Woolsey -- who led the House's Progressive Caucus for six years until recently -- said as recently as October that she was feeling good and had no plans to retire. But on Thursday, the 73-year-old told the Santa Rosa Press Democrat's ivory towerians that she was thinking about calling it quits.

Apparently, her Hamleting on whether to run has been one of the worst kept secrets in Petaluma. State Assemblyman Jared Huffman, D-San Rafael, has already formed an exploratory committee.

"I'm not going to be coy with people," Huffman told The PD. whose "I think people are entitled to know my intentions."

As the PD says "Anticipating stiff competition and a $500,000 cost to compete in the 2012 primary, Huffman said he wants potential backers to know he is running 'before they commit to another candidate.'"

Whoa, the body isn't even cold yet. (Although Huffman, who will be termed out in 2012, did tell the PD that he would "absolutely support" Woolsey if she ran again in 2012.)

Indeed, a Bay Area Congressional seat (otherwise known as "job for life") doesn't come open that often. Expect a major scrum if/when Woolsey pulls the rip cord.

Posted By: Joe Garofoli (Email, Twitter, Facebook) | Dec 17 at 05:40 PM

Obama campaign group issues "urgent" appeal on 'Don't Ask'

President Obama's grassroots campaign apparatus, now part of the Democratic National Committee, issued an urgent appeal today to send messages to key Senators for tomorrow's planned vote to repeal the "Don't Ask, Don't Tell" ban on gays and lesbians in the military, as well as the DREAM act to legalize undocumented students and military recruits.

Repeal of the gay ban should have more than the 60 votes needed for repeal; the DREAM act is expected to fail. The message is

"Both bills are key priorities for President Obama -- and since both have already passed the House, these votes will determine whether they become law. If we don't seize this chance, there's no telling when we might have this opportunity again," the email message said.

The organization has delivered thousands of letters to key Senate offices, including repeal sponsor Sen. Susan Collins, R-Maine.

Sen. John McCain, R-Ariz., complained today that Democrats are trying to jam both bills through the lame duck Congress for purely partisan purposes to appease interest groups. McCain has been blocking repeal of "Don't Ask" since the fall. He lamented the lack of "cooperation and comity."

McCain said he was not worried about staying until Christmas, referring to his six missed Christmases during his imprisonment in North Vietnamese during the Vietnam War.

The repeal is sponsored by Sens. Susan Collins, R-Maine, and Joseph Lieberman, I-Conn. Supporters believe they have more than the 60 votes needed to break McCain's filibuster.

Aides said Senate majority leader Harry Reid, D-Nev., has moved to block any delaying amendments on the repeal vote, and that the four Republicans who have publicly supported repeal in addition to Collins -- Lisa Murkowski of Alaska, Scott Brown of Massachusetts, and Olympia Snowe of Maine -- "are all comfortable with that process."

It is possible that McCain could still block final passage even after his filibuster is broken but it is expected that would cause only a delay, possibly to Sunday. (Proceeding to final passage after a filibuster is broken requires unanimous consent.)He would risk the wrath of colleagues by forcing everyone to return Sunday for a pointless vote.

One Democrat, Joe Manchin of West Virginia is an expected no vote; Democrat Ron Wyden of Oregon will not vote because he is preparing for surgery to remove prostate cancer. Watch the vote for an additional margin of GOP support from Richard Lugar (IN), Judd Gregg (NH), Mark Kirk (IL) and George Voinovich (OH).

Posted By: Carolyn Lochhead (Email) | Dec 17 at 12:34 PM

House honors Norman Mineta

Rep. Mike Honda, a San Jose Democrat, won passage today of a bill honoring his predecessor, former Rep. Norm Mineta, the long time representative for San Jose who also served as the lone Democrat in former President George W. Bush's cabinet as Transportation Secretary.

It is a rare tribute to a living former member, agreed to by both Democrats and Republicans.

Mineta was the first Asian American mayor of a large city, San Jose, a member of the House from 1975 to 1995, chairman of the transporation committee and author of two giant public works bills. He was also the first Asian American cabinet member, serving under Bush and also under former President Bill Clinton as Secretary of Commerce.

Posted By: Carolyn Lochhead (Email) | Dec 17 at 10:39 AM

Food safety bill crashes with spending bill

A sweeping food safety bill that easily passed both chambers of Congress with bipartisan support is on life support. The legislation, S 510, was supposed to be on its way to President Obama for enactment weeks ago but was stopped by technical glitch related to a constitutional requirement that all revenue bills originate in the House, not the Senate.

Democratic leaders hoped to fix the problem by attaching the bill to the big omnibus spending bill. But that crashed in the Senate last night.

The food safety bill was hotly controversial with grass-roots farm advocates because it would give the Food and Drug Administration huge new authority over farms and food processors. A battle raged all year, culminating in the inclusion of an amendment by Sen. Jon Tester, D-Mont., aimed at protecting small producers. That angered large California growers, who withdrew their support.

Supporters have to scramble now to find another vehicle with just days left in this session of Congress, or the whole thing dies.

Posted By: Carolyn Lochhead (Email) | Dec 17 at 08:16 AM

Senate vote to repeal Don't Ask, Don't Tell expected Saturday

Senate majority leader Harry Reid, D-Nev., tonight invoked cloture on the bill to repeal the Don't Ask, Don't Tell ban on gays and lesbians in the military, setting up a vote for Saturday.

The move is a major breakthrough for repeal advocates. President Obama promised to repeal the 17-year-old law in his State of the Union address nearly a year ago, but infuriated gay-rights advocates by seeming to move too slowly, allowing the Pentagon to conduct a 10-month study.

But in the end, the Pentagon study, which found that repeal would not harm military readiness or combat effectivness, appeared to cinch the deal, providing political cover for wavering Democrats and Republicans alike.

Breaking the months-long filibuster against repeal by Sen. John McCain, R-Ariz., will require 60 votes. Democrats have 57 yes votes, with just one, West Virginia's Joe Manchin, expected to vote no.

At least four Republicans are expected yes votes: Maine Sens. Susan Collins and Olympia Snowe, Alaska Sen. Lisa Murkowski, and Sen. Scott Brown of Massachusetts.

Sen. Joe Lieberman, I-Conn., who with Collins helped engineer the long-shot stand-alone repeal, thanked Reid and said he is "confident that we have more than 60 votes to end this law that discriminates against military service members based solely on their sexual orientation."

Posted By: Carolyn Lochhead (Email) | Dec 16 at 05:10 PM

Man repays California with $10,000 check

Dennis Ferguson wanted to repay California for the unemployment he collected back in 1964. So last month, the retired computer programmer shipped the deficit-plagued state a $10,000 check with the note "REPAYMENT FOR WHAT CALIF. DID FOR ME!" inscribed on the bottom.

The check won't solve the state's $25-billion-and-growing budget deficit. But it will help the state's school children, because of an arcane section of state code that requires any donations that are not designated for a specific purpose to go to education.

Ferguson, now 74, collected about $1,100 in unemployment benefits for about four months in 1964, after he was laid off from an aircraft company where he worked as an engineer. He came up with the $10,000 figure because he wanted to add interest and thought $10k was a "nice round figure," according to state treasurer spokesman Tom Dresslar.

The assistance enabled the former Los Angeles resident (he now lives in South Carolina) to attend a computer programming school and eventually pursue a career in the field. In a note attached to the letter, he wrote, "In 1964, the State of California allowed me to collect unemployment while I attended a storefront school to learn how to program a computer. This allowed me to have a great career and I've been ever thankful. Please find enclosed a check for $10,000 as a repayment. Happy Thanksgiving!"

We couldn't reach Ferguson, but he told Dresslar that, "Anyone who is helped out when they are down ought to give something back, especially now that California has budget problems."

"We've only been here since 2007, but I'm told this kind of action is very rare, it hardly ever happens," Dresslar said.

State Treasurer Bill Lockyer also praised Ferguson:

"It's appropriate this money will go to educate our kids, because there's a lesson to be learned here about what it means to have a sense of shared sacrifice and commitment to the common good," he said. "On behalf of Californians, I want to express our deepest appreciation to Mr. Ferguson. I hope that as we work together to meet our budget challenges, we keep in mind his act of generosity, and the spirit it embodies."

Posted By: Marisa Lagos (Email, Twitter, Facebook) | Dec 16 at 02:02 PM

Memos indicate Judge Katherine Feinstein is ineligible to become D.A. under Cali law

San Franciscans don't know who their next mayor or district attorney will be, but it's becoming clear who won't be taking the helm at City Hall and the Hall of Justice.

Last week, after attempts at drafting him for the mayor's slot, State Assemblyman Tom Ammiano politely declined. This week, we've learned that Judge Katherine Feinstein may not be eligible to be appointed district attorney -- even if she wanted the position.

A confidential memo from the City Attorney's Office, obtained by The Chronicle, cites article VI, section 17 of the state Constitution, which states that "a judge of a court of record may not practice law and during the term for which the judge was selected is ineligible for public employment or public office." The section makes an exception for part-time teaching and goes on to say that a judge, "may, however, become eligible for election to other public office by taking a leave of absence without pay prior to filing a declaration of candidacy." We also got a peek at another opinion from a private attorney that says basically the same thing.

From what we hear, the memos are being interpreted by city leaders as saying that Feinstein could resign and run for district attorney next fall, but cannot be appointed to the position -- even if she steps down from the bench prior to her appointment.

As we've noted before, it's not clear that Feinstein -- daughter of Sen. Dianne Feinstein -- even wants the top prosecutors spot. Her ineligibility still leaves a long list of people seeking the job, among them attorney Bill Fazio, Deputy District Attorney Paul Henderson, Police Commissioner and former prosecutor Jim Hammer, and David Onek, a senior fellow at the UC Berkeley Center for Criminal Justice. Our money at this point is on Henderson, who has been a loyal deputy to Harris.

Posted By: Marisa Lagos (Email, Twitter, Facebook) | Dec 16 at 11:37 AM