California Penal Code Section 422.6 (a)
A visit to Taxpayers United to Recall Jeff Miller, a freshman GOP Assemblyman, is a good illustration of how warped and reckless California’s political process has become.
Article II, Sections 13 through 19 of the state constitution discuss recall. While the sections do not define what sort of behavior by an elected official warrants recall, it seems a mechanism that should be employed only under dire circumstances: malfeasance, corruption, moral turpitude, mental incapacity.
Using that yardstick, the recall of former Gov. Gray Davis would be inappropriate. Did he do a poor job managing the state? Arguably. Did he have budget problems? Sure.
However, the budget prior to Davis’ October 2003 removal from office was estimated to be in the red by a little more than $30 billion. The budget Gov. Arnold Schwarzenegger signed in February was an attempt to close a $42 billion gap between revenue and spending commitments. That gap occurred after the GOP governor sold $15 billion in bonds that were pitched to California voters in 2004 as a way to end the state’s budget woes once and for all.
No recall petitions are being circulated on the corner office’s current occupant.
So what is Jeff Miller’s heinous crime. Taxpayers United to Recall Jeff Miller says the lawmaker, who represents parts of Orange and Riverside counties, took a pledge not to raise taxes and broke it.
Did he vote for the budget, which contains $12.5 billion in new taxes? No. But he supported and endorsed Republicans who did. Yes, all too true, Miller consorted with Republicans who voted to increase taxes and, therefore, should be removed from office.
Specifically, when Assemblyman Chuck DeVore tried to remove Assembly GOP Leader Mike Villines of Fresno for backing the budget and its new taxes, Miller had the temerity to side with his leader over DeVore. That would be the leader who helped him get elected last November.
Not backing Chuck DeVore for Assembly GOP leader isn’t exactly a crime worthy of removal from office. Although, Devore sees it as worthy of emasculation by means of a tuna fish can’s rusty lid, no doubt.
Not embracing DeVore’s candidacy, the website says, constitutes breaking of Miller’s no tax pledge.
As if not backing DeVore wasn’t enough – wonder who is really behind the recall? — Miller’s catalogue of sins includes being rewarded by Villines for sticking with him. First time that’s ever happened in politics.
Shockingly, Miller endorsed his colleague, Assemblyman Anthony Adams, for re-election. Adams voted for the budget. Wow, backed one of his fellow Republicans for re-election. Run and fetch the guillotine, Gaspar. Tout suite, s’il vous plait.
“This pattern of behavior proves that Jeff Miller has betrayed taxpayers by breaking his pledge to protect taxpayers,” runs the tortured logic of the site.
At an event hosted by two radio personalities, John Kobylt and Ken Champeau, to gin up the recall campaign a “fatwa” was called on Miller.
A fatwa is an Islamic legal pronouncement on a specific topic. The term is best known in the West, however, as a call to violence against a particular person. A fatwa was issued against Salmon Rushdie, for example. In 1998, Osama bin Laden said killing Americans is the duty of Muslims.
While The United States of America champions the right to free political speech it would behoove the supporters of Miller’s recall to acquaint themselves with California Penal Code Section 422.6. (a) which reads:
“No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States because of the other person’s race, color, religion, ancestry, national origin, disability, gender, or sexual orientation, or because he or she perceives that the other person has one or more of those characteristics.”
Miller is Jewish.
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