Deferring to the Conspiracy
Thursday, Jan. 31, 2008 | Of the complaints that San Diego City Attorney Mike Aguirre must parry or absorb in coming months if he is to keep his job, the most damaging is clearly that the man has no motor control of his accusation muscle.
There have scarcely been strings of more than 30 days in which the city attorney hasn't publicly accused someone of either a crime or a sprawling, yet vague, conspiracy. He has used the public recital of his suspicions to punish someone before they've even been charged.
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Although his critics list many grievances with the city's top lawyer, they cannot articulate any of them as well as they do that one.
So it was with a bit of surprise last week that I learned that Aguirre's most prominent declared rival to his seat might have a similar proclivity toward the unsubstantiated accusation.
Former Poway Mayor Jan Goldsmith, the chosen one of the local Republican Party, got himself all fired up about the surprising news that City Councilman Brian Maienschein, a fellow Republican with much the same base of support, was entering the race.
It wasn't so much Maienschein's meek announcement, really, that ignited Goldsmith's ire. After all, the councilman's bold decision to enter what is clearly going to be the most intense local political race in most people's memory came out not with a bang but with a whimper.
It was really Maienschein's money that so upset Goldsmith.
The city councilman had the good fortune to run for re-election to his post in 2004 against no one in particular. People like giving money to politicians and so, like most incumbents, he was able to raise a ton of money for the non-existent race. That money -- $250,000 -- sits now waiting for Maienschein's call.
The city had, in 2004, passed a law that prohibited people from raising money to run for office more than a year before the election for the office they aspired to occupy.
Since Maienschein raised the money in 2004 and the law went into effect the next year, how could he spend it on this election, to be held this year, otherwise known as 2008?
I had the same question and the director of the Ethics Commission responded to my inquiry about it with a statement that the law seemed pretty clear that money from previous campaigns could be transferred into new ones.
That Maienschein could use that money in the race for city attorney infuriated Goldsmith. And with that came the conspiracy theory and the accusation.
"I would request that the Ethics Commission be fair and impartial in addressing this issue. The appearance is that the Commission is stretching to find ways to allow an incumbent Councilman to do something that is unavailable to other candidates," Goldsmith wrote to Fulhorst and then sent to me.
I had a chance to ask Goldsmith about this.
He was accusing the Ethics Commission of working in collusion with Maienschein to further his political goals. Is this a window into the future? Would he, as city attorney, also defer to the conspiracy theory to make his points?
He said he never wrote that it was an actual conspiracy.
It just looked that way.
"I just said 'it appears,'" Goldsmith told me. "I don't believe they had a sinister intent and I don't believe that's the case."
But he also held his ground. "I just think [the Ethics Commission] jumped to a conclusion without looking at it. It would allow Brian Maienschein to do something that other candidates aren't allowed to do with a law he voted for."
And then he got to the other angle about this that bothered him. How had this potential wrinkle in the election law not been ironed out before? This offered Goldsmith another justification for his candidacy -- he could spot things like this.
The City Council didn't know what it was doing passing the law it did about the 12-month limit for raising funds.
"Why didn't anyone, in 2004 when this was passed, not ask the question that this doesn't provide an exception or clarity about transfers for money from previous campaigns? There were three lawyers on the council and they couldn't see this?" Goldsmith asked.
He said had he been city attorney, he would have made sure to tie that loose end.
What he didn't realize is that the issue had in fact been brought up. Not by a lawyer on the council, but by the only person who at times seems to be able to ask questions like one: City Councilwoman Donna Frye.
Former City Attorney Casey Gwinn actually issued an opinion about the matter.
Could the city keep people like Maienschein from transferring money from a previous campaign to a new one?
Nope, Gwinn's deputy determined.
Sometimes, in this town, things don't go your way. Sometimes, your rivals have an advantage.
Aguirre has made the mistake of regularly assuming this was due to one of many vague, nefarious conspiracies organizing against him. Anyone vying to replace the city attorney might not want to show any similar tendencies.
Please contact Scott Lewis (scott.lewis@voiceofsandiego.org) directly with your thoughts, ideas, personal stories or tips. Or send a letter to the editor.
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Comments so far on this story: 1. Honest Abe wrote on January 30, 2008 9:10 PM: "What I consider the most significant and disgusting issue in Maienschein stashing away $250,000 in "City Council" campaign contributions is that money one should have been given back to the contributors 4 years ago when it wasn't spent for its intended purpose, or donated to a worthy charitable cause. Maienschein, the slick & slimy politician, is practicing a simple con called a "bate & switch." Shame on us for allowing another scoundrel to try and stay in government. It's well known that Politicans do not have a conscious, high moral values or principles of value. Having been a Politician I would think that Mr. Goldsmith would already know this and not be too surprised at Maienschein's action." 2. La Playa Heritage wrote on January 30, 2008 10:11 PM: "Mr. Bauder of the Reader wrote a story last year entitled - Anti-Aguirre Plans Hatched Over Breakfast. link The article ending with a quote from the City Attorney - I find it hard to believe Jerry Sanders would do such a thing. A smear campaign and dirty tricks -- I don't think the mayor would participate in or condone such a thing. If Mr. Goldsmith will stand up to the City Council and Mayor Sanders, then great. Mr. Goldsmith, what are you going to do about the unsustainable pensions?" 3. LCb wrote on January 30, 2008 10:43 PM: "Good point." 4. Jackson wrote on January 31, 2008 8:07 AM: "Let's replace one hothead with another, great! So he thinks the Ethics Commission is corrupt? I wonder what the former East County judge/Poway mayor/Coronado resident has to think about my own pet conspiracy theory -- that Bill Gentry was baited out of the race by a sweetheart judgeship set up by Schwarzenegger judicial appointments diretors/Charter chairman/Sanders moneyman John Davies so that he could walk to victory in the city attorney's race." 5. Christopher Hall wrote on January 31, 2008 9:17 AM: "It IS delightful to see that Aguirre's worst flaw is likely embodied in his most establishment supported competitor. Can anyone dig and see if he's ever done this pre-accusation thing before? Or if he's made public comments that were patently false, or perhaps even had a high percentage of cases in which he presided that were ruled mistrials or where defendants got an inordinate number of retrials. I wonder what his track record is for defendants imprisoned under false accusations -- whether he had a high percentage of false imprisonments. // Remember, judges ARE NOT any better than anyone else, including Catholic priests: statistically, judges lie, cheat and steal like the rest of the human population. The fact Goldsmith is the Establishment pick makes me wonder just how untrustworthy he is -- it's a bad endorsement to have the Grant Grillers on his side!" 6. Sparky wrote on January 31, 2008 9:46 AM: "Honest Abe you are right on the money!!! La Playa Heritage you have been drinking from the same water source as Mikey. There is not a person around who if elected to City Attorney will have a hand in fixing the "unsustainable pensions" as you label them. The pension issue is DOA. What needs to be done is for the Unions and the City to work on changes that bring the pensions into alignment with the economy of 2008. The age of retirement needs to be addressed and a review of the 13th check for those who retired under DROP. The plan is sound and it will cost millions to do away with the Defined Benefit to switch to a Defined Contribution (403b style) plan. We need help in the CA office. HELP!!!!" 7. Dale Peterson wrote on January 31, 2008 9:55 AM: "I second Jackson's concerns/question. The Bill Gentry appointment sure seemed convenient. Looks to me like Mr. Goldsmith's orchestrated chess board was tipped over by Mr. Maienschein's entry into the race. Excellent points in the commentary. Donna Frye asking the right questions, again. Seems like another same old day in SD." 8. Cheeky wrote on January 31, 2008 10:16 AM: "If it's legal for Maienschein to use the money, then let him. But it's also fair for Goldsmith to question the legality of such use if Goldsmith truly believes it is improper. Labeling his right to question as jumping on the conspiracy bandwagon is unfair and prejudicial. What's the matter, Scott? Are you the only one entitled to free speech? I thought you were encouraging transparency in government. Without the right to question procedures, there is no transparency." 9. Steve K wrote on January 31, 2008 1:25 PM: "To answer Judge Goldsmith's question: The reason only one councilwoman questioned this exception, is they were looking after their own interests. The San Diego City Council members tend to want to go on to higher office--of course they want to keep their campaign chests available future elections. Why did Casey Gwinn go along with it? Because he was acting as the City Council's Attorney, instead of the City's attorney. This is what the mayor, council and charter reformers would like Aguirre to do." 10. Fed Up wrote on January 31, 2008 2:07 PM: "Like a Cirque de Soleil acrobat, Scott Lewis has managed to criticize two opponents for one political office at the same time... or maybe it's like walking and chewing gum simultaneously. The entry of frequently-AWOL termed-out City Councilman Brian Mainschein into the City Attorney's race, along with a big pre-existing campaign war chest, is a major problem for the GOP's favorite, Jan Goldsmith. For Scott to claim that Goldsmith's sour grapes about Mainscheim's money -- which is entirely permissible, even if reprehensible -- make him somehow like City Attorney Mike Aguirre is ridiculous. Neither Goldsmith nor Mainscheim have the citywide following enjoyed by Mike Aguirre, whom everyone knows is a hard-working, honest, populist reformer." 11. JF wrote on February 2, 2008 9:08 AM: "La Playa Heritage wrote, "Mr. Goldsmith, what are you going to do about the unsustainable pensions?"I admire most of what you do, Mr. Heritage(?), but you're off on this one.According to the 2005 SDCERS CAFR (page 51), the weighted total of contributions from the city is 12.42% for all employees.Social Security would cost 6.2%.Making that switch would only save the city 6.2% of payroll.That's not breaking the city, and that's not going to save the city enough to meet even the $85 million shortfall in the FD, no less the $3 billion worth of "deferred maintenance"." 12. witness wrote on February 2, 2008 2:18 PM: "CH's "delightful to see that Aguirre's worst flaw is likely embodied in his most establishment supported competitor. Can anyone dig and see if he's ever done this pre-accusation thing before?" At an interview with JG, all he Did was Rant & Rave whatever the UT's been spewing against Aguirre for the past 3 yrs. 'Yawn'. "Or if he's made public comments that were patently false," that is, in itself, what he was doing. "The fact Goldsmith IS the Establishment pick makes me wonder just how untrustworthy he is -- it's a bad endorsement.." Our thoughts exactly..same ol, same ol..BIA, Apartment Assoc.,Hotel & Motel Lodging groups, etc. have already 'pooled' their 'funding support' before even the deadline for candidacy..it is 'telling' who are their 'picks,' so be ready to vote for anyone else but...." 13. La Playa Heritage wrote on February 16, 2008 2:39 AM: "link Mr. Goldsmith's Commitment # 9 to the People of San Diego has already been broken. 9. As a condition of employment, all attorneys in the office will conduct their work in a non-partisan, non-political manner, and act with the highest integrity. Members of the public, judges, city staff, city council members and the mayor will be treated with respect at all times even when expressing disagreement. Is this the type of disrespect the general public should look forward to under Mr. Goldsmith? We hope not. An apology to the public is in order. link" 14. Rock On wrote on March 4, 2008 2:19 PM: "Steve K, rather than just accusing Gwinn of rendering an opinion because he was the "coucil's attorney", why not explain to us all why the legal reasoning of the opinion is flawed? Did you even read it? Did you look up the cases cited or find flaws in the 1st Amendment analysis? Or, as it would appear, do you just not like the answer so you assume the must be something wrong with it? Rather than pulling out an Aguirre-esque, baseless paranoia accusation, how about a reasoned, fact and law-based response to the 2004 City Attorney opinion?" 15. Rock On wrote on March 4, 2008 2:36 PM: "Jackson and Dale, do you have ANY FACTUAL basis to believe Gentry was "bribed" with a judicial seat to bow out of the CA's race? When you spoke to Gentry about it, what did he tell you? How much Aguirre Conspiracy Kool-Aid did you drink today? While anyone can see the timing at first glace would certainly raise eyebrows, the fact that Gentry started the judicial appointment process two years earlier, and was already on the list before entering the CA's race should begin to sober you up. If it really was a conspiracy done dark closet of Republican dealmakers, they certianly would not have timed it to create this very suspicion. This would be the worst thought out consiracy ever. But if you have anything more than baseless speculation, let's hear it. Until then, consider not spreading such rumors about hard-working, honest people." 16. Rock On wrote on March 4, 2008 2:36 PM: "Jackson and Dale, do you have ANY FACTUAL basis to believe Gentry was "bribed" with a judicial seat to bow out of the CA's race? When you spoke to Gentry about it, what did he tell you? How much Aguirre Conspiracy Kool-Aid did you drink today? While anyone can see the timing at first glace would certainly raise eyebrows, the fact that Gentry started the judicial appointment process two years earlier, and was already on the list before entering the CA's race should begin to sober you up. If it really was a conspiracy done dark closet of Republican dealmakers, they certianly would not have timed it to create this very suspicion. This would be the worst thought out consiracy ever. But if you have anything more than baseless speculation, let's hear it. Until then, consider not spreading such rumors about hard-working, honest people."
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