California’s reparations proposal symied even before it’s revealed

• July 7, 2023

California’s three-year-old Reparations Task Force might have been much better off had it taken a week or so after the latest U.S. Supreme Court ruling on affirmative action before revealing its plan for monetary and other compensation to the descendants of African-American slaves.

For the court’s 6-3 decision ending affirmative action in college admissions (and likely in many other areas, too) makes it very plain that if California lawmakers actually adopt many of the task force’s 100-plus recommendations, they will quickly be struck down in courts that abide by decisions of the nation’s highest judicial body.

That’s because receiving benefits from the task force’s suggestions – and that’s all they really are – would depend mostly on ancestry and race rather than anything that has happened to any living individual.

That’s a complete no-no, wrote Chief Justice John Roberts in the Supreme Court’s governing opinion eliminating race-based affirmative action at Harvard University and the University of North Carolina, which served as stand-ins for all the other institutions that have practiced affirmative action for decades.

Meanwhile, the justices essentially upheld what California universities and some employers did after this state banned affirmative action via a 1996 ballot initiative.

Roberts wrote that if individuals have demonstrably overcome handicaps, overt racial or religious bias, poverty and other serious roadblocks to success, it’s fine to give them special consideration in college admissions. But race or ancestry by itself is no longer enough to merit such treatment.

That’s essentially what California universities have done since the late 1900s. The results have created student bodies not quite as diverse as before, but still allow for a very robust mix of races and ethnicities at this state’s colleges. Essentially, the California campus’ route around the end of affirmative action has been endorsed for use nationwide.

The same thing should happen with the Reparations Task Force recommendations, which provide formulae for the state to award billions of dollars worth of grants to the descendants of former slaves. They would be compensated not only for slavery, but also for post-slavery discrimination including injustices perpetrated by courts, health care systems, universities, real estate agents, red-lining banks, apartment landlords and employers, among others.

The task force recommends a blanket apology for treatment of African-American slaves, former slaves and their descendants in California, even though it was never formally a slave state. The group said nothing about other forms of slavery practiced here for many decades, including forced labor by Native Americans whose settlements were often destroyed, similar forced labor by imported Chinese workers and some other human trafficking offenses.

There is no mention of the fact that California fought to end slavery in the Civil War, although prior to that, slave owners could and sometimes did bring enslaved individuals here with them. The state’s African-American slave population rarely exceeded 10,000.

But the distinguishing fact about the task force recommendations is that they hinge almost entirely on ancestry – only direct descendants of African-American slaves need apply for any benefits if a procedure is ever established.

That runs directly contrary to the Supreme Court’s logic in striking down affirmative action. So it probably won’t fly in any court where a lawsuit might be filed against the restitution plan or any materially significant part of it that state lawmakers might someday pass.

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Of course, that does not rule out an official apology from the state for whatever role California played in sustaining or encouraging slavery. Nor would it rule out special grants to schools that serve predominantly minority student bodies. Such grants exist today.

Nor does it negate the recommendation that the state Department of Justice lead an effort to root out racial bias in courts and prisons. It also does not prevent carrying out the recommendation for “listening sessions” about racial injustices, collecting personal testimonies for historic preservation and use of school curricula to help end racism.

None of those things provide direct material benefits to any individual, even if they could lead to major improvements in the lives of many who believe they suffer discrimination today.

But direct financial benefits to individuals based on this plan are unlikely to materialize, despite the strong sense among many African-Americans that this would be yet another injustice against them.

Tom Elias’ email address is [email protected]

​ Orange County Register 

Douglas Schoen: Chris Christie may lose the battle but win the war against Donald Trump

• July 7, 2023

Trump-acolyte turned Trump-rival Chris Christie is off to an intriguing start in his campaign for the GOP presidential nomination. Since launching his dark horse candidacy in early June, Christie has taken swipes at Trump and DeSantis and garnered a modest bump in the polls.

Although a longshot for the nomination, Christie has been stronger than most pundits predicted. Due to his consistent schedule of television interviews and soundbites of him attacking Trump, he is receiving more national media attention than most other Trump challengers.

Arguably more important than the momentum and early success of Christie’s campaign is the blueprint he is laying out for other candidates. While Christie himself may have a limited path to winning the GOP nomination due to his unpopularity within the party, he’s creating a salient, persuasive, and effective anti-Trump playbook that not only another Republican could use to make up ground on the former president, but one that Democrats must leverage in 2024 to rebuild a winning coalition.

Christie’s head on approach to the GOP frontrunner has focused on Trump’s faults, missteps, and lies. He has all but said his purpose for running is to defeat his former friend and ally who he calls a “loser” and a “child.” 

The Christie playbook has included calling out Trump’s election lies, highlighting his repeated electoral losses, pointing to the evidence in Trump’s indictments rather than blaming the Department of Justice, questioning why so many of his former staffers say he should not be president again, and framing him as an unserious candidate who wants to be President again solely for personal gain.

During a CNN town hall with Anderson Cooper, Christie repeatedly lambasted him, saying Trump “doesn’t give a damn about the American people.” He continues to make the rounds on CNN, NBC, ABC, and Fox News shows to attack Trump’s record and his grievance politics. 

This strategy marks a stark difference from the rest of the field, including second leading candidate and Trump’s main rival Ron DeSantis, who has mostly tiptoed around criticizing Trump even when given clear opportunities to do so. Yet, it has been validated by a strong jump for Christie in the key state of New Hampshire, where he now finds himself in third place in the two most recent polls from the key state. In fact, the New Hampshire Journal poll has Christie just four points behind DeSantis.

The anti-Trump remarks have also garnered Christie a steadily growing donor network, which is critical to qualifying for the RNC debates. On June 18th, after just twelve days of campaigning, Christie announced he had reached 15,000 of the 40,000 donors required to make the debate stage. 

Christie has generated enough buzz to draw attacks from Trump himself, despite Trump’s claim that he only targets the opponent who is currently in second place. While sitting at just low single digits in national polls, Christie clearly has the former president’s attention and knows it, as he joked in this tweet.

To be sure, the former Governor of New Jersey faces a steep climb to the nomination due to his poor ratings among the GOP base. CBS/YouGov’s June poll found 79% of Republican primary voters currently say they are not even considering him, and a Monmouth University poll found his favorable ratings 26 points underwater. 

Yet, Christie has the potential to create the biggest lasting impact in the Republican Party – even if he doesn’t win. Christie is taking on Donald Trump directly, and by doing so, may be the one who can pave the way for a post-Trump Republican Party.

By continuing his viral attacks on Trump through the summer and fall, he may be able to take the former president down a notch in the polls and create an opening for a viable alternative who can follow Christie’s script. 

Indeed, even if a candidate with a strong chance to win employs Christie’s playbook, Trump is still the prohibitive favorite to secure the GOP nomination and the indictments have only further consolidated the Republican base behind him. 

Thus, Christie’s anti-Trump playbook likely offers more benefits to the Democratic Party in a 2024 Biden-Trump general election rematch. 

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Due to President Biden’s low approval ratings and poor marks on the economy, the Democrats must run a negative campaign that leverages Christie’s lines of attack to present a choice between Biden and Trump. Christie’s emphasis on Trump’s selfishness and irresponsibility may not work with GOP primary voters but will likely be persuasive with independent and moderate general election voters who were crucial to Biden’s 2020 win.

These voters, whose support will be imperative in 2024, swung to Biden largely because of fatigue from Trump’s drama and recklessness, which is exactly what Christie’s campaign is seizing on. Further, the nonstop attacks on Trump will turn out the liberal base for Biden and galvanize grassroots fundraising.

Realistically, Chris Christie’s campaign will be a success if he can knock down Trump and DeSantis enough to give an alternative, more sensible candidate a chance at winning the nomination. But the more likely scenario is he will refine anti-Trump messaging that will prove crucial to the Democratic Party’s effort to give Trump one final defeat.

What is the payoff for Chris Christie, a senior position in the next Biden administration or a high-level ambassadorship?

Douglas Schoen is a longtime Democratic political consultant. 

​ Orange County Register 

Pruning and propagation: 5 things to do to keep your garden healthy

• July 7, 2023

1. You can keep your geraniums and roses blooming by removing their flowers as soon as they fade and by adding fertilizer on a regular basis. Weekly application of a granular or liquid fertilizer is the surest way to keep any summer-flowering ornamental plant, as well as tomatoes, peppers, and eggplants, blooming heavily, especially when they are grown in containers.

2. We are often hesitant when it comes to pruning fruit trees but there is no reason to be that way. After fruit is harvested, feel free to reduce the tree’s height. Many veteran gardeners consider eight feet to be a standard height for fruit trees, facilitating an easier harvest than when trees are allowed to grow taller.

3. Milk, diluted 1:10 in water has proven to be effective in controlling fungus, especially powdery mildew. Apply the spray weekly to crape myrtle, roses, grapevines, squashes, and other fungus susceptible plants. Leaves should be completely covered, top and bottom, with the spray. Skim milk and raw milk work the best; it is thought that the phosphate in milk is what deters the fungi. 

4. If you sow seeds at this time of year, you will need to keep them hydrated throughout the day. This can be achieved by covering the soil where they are planted with burlap, which should be soaked each morning. Check daily to see if seeds have sprouted, at which point you can remove the burlap.

5. In response to a column that promoted desert willow (Chilopsis linearis) as a medium-sized, drought tolerant California native tree, Thomas McClure sent the following instructions regarding its propagation: Remove 24-30” (3/4” caliper) woody shoots from the trees in December or January and bury them about 12” deep.  He says  that “no water is needed if the winter is wet” and “new growth will appear some time in the spring.” Describing his success in this endeavor McClure writes: “My 30-foot tree has ‘kids’ that are now about eight feet tall.”

For more information about area plants and gardens, go to Joshua Siskin’s website, thesmartergardener.com. Send questions and photos to [email protected].

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​ Orange County Register 

Park and ride lots not for RV, big rig storage; orange, white stripes for construction zones

• July 7, 2023

Q. Honk, at the park and ride lot in Irvine near the 5 Freeway at Jeffrey Road there are numerous RVs and big rigs parked for extended periods of time. Is Caltrans leasing out space to cover its debt, or is this an enforcement issue?

– Michael Neben, Irvine

A. Looking at his tax bill, Honk figures he alone covers Caltrans’ budget.

No, the state isn’t getting any cash from such folks parking there, and, yes, perhaps their vehicles should be elsewhere – unless they are commuters.

Park and ride lots are supposed to be just for those who park there to share rides, such as employees in a vanpool or anyone in a carpool arrangement, “and are not intended for residential, commercial or long-term parking,” said Nathan Abler, a Caltrans spokesman.

Under the California Vehicle Code, he pointed out, vehicles in many situations can often be towed after 72 hours. Further, Abler said, “the effective vehicle storage of commercial trucks is forbidden within state park and ride facilities.”

Caltrans, he said, works with the California Highway Patrol to combat such violations.

The public doesn’t need to rely on Caltrans to root out wrongdoing.

“If someone believes a vehicle is in violation of these ordinances, we suggest they call their local CHP non-emergency line,” Abler said.

In the Irvine lot, the phone number is posted. Or, anyone can Google around to find the number for the closest CHP station house.

In Orange County alone, there are nine park and ride lots overseen by Caltrans. Because they are state facilities, the CHP is the policing agency for them.

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Q. I noticed that for a while on the 5 Freeway through Carlsbad the lanes use different striping, orange and white – why this color pattern? The 5 Freeway had been under construction for a very long time in this area. I was under the assumption that striping is very specific to California roads.

– Dennis Crane, Costa Mesa

A. You are correct, Dennis, and even Uncle Sam insists that lane markings are a certain way so motorists traveling the country don’t get confused.

That striping was an experiment, to see if it will help make drivers more aware – after posted signs – that they are in a construction zone and get more of them to slow down.

In California’s first look at the strategy, two patterns were tested: alternating white and orange stripes, and a white stripe with orange borders.

Canada, New Zealand, Wisconsin, Texas and Kentucky have tried out their own versions. San Diego County’s orange-and-white striping was removed last month, but you certainly might see that color pattern appear elsewhere.

Orange-and-white striping could become a regular sight in construction zones in the state – if not the nation.

“It’s looking pretty promising, too,” said Steve Welborn, a Caltrans spokesman for San Diego County.

To ask Honk questions, reach him at [email protected]. He only answers those that are published. To see Honk online: ocregister.com/tag/honk. Twitter: @OCRegisterHonk

​ Orange County Register 

A post-clemency prosecution shines a light on a broken system

• July 7, 2023

A month before he left office, then-President Donald Trump freed Philip Esformes, a Florida nursing home operator who had served nearly five years of a 20-year sentence for bilking Medicare and Medicaid. Despite that commutation, the Justice Department plans to retry Esformes for the same conduct that sent him to prison in the first place.

Critics of that unprecedented move say it undermines the pardon power and violates the Fifth Amendment’s ban on double jeopardy. As witnesses at a recent congressional hearing emphasized, the case also illustrates the sorry state of the federal clemency system, which in recent decades has become increasingly stingy, inefficient and haphazard.

Esformes was arrested in 2016 and charged with numerous crimes related to a scheme that prosecutors said involved bribes, kickbacks and medically unnecessary treatments, all of which helped fund a “lavish lifestyle.” After an eight-week trial in 2019, U.S. District Judge Robert N. Scola Jr. directed the jury to acquit Esformes of six charges, including two counts of health care fraud, deeming the evidence underlying them insufficient as a matter of law.

The jury convicted Esformes of 20 other charges, including conspiracy to defraud the United States, money laundering, payment and receipt of kickbacks, and obstruction of justice. But it failed to reach verdicts on six counts, including the central charge of conspiring to commit health care fraud.

Based on the 20 convictions, Right on Crime Executive Director Brett Tolman noted in his congressional testimony, “Mr. Esformes was facing 5 years in prison.” But federal prosecutors successfully urged Scola to sentence Esformes as if he had been convicted of health care fraud, which “increased Mr. Esformes’ sentence by 15 years.”

Although it defies conventional notions of justice, federal judges are allowed to punish defendants for crimes that have not been proven beyond a reasonable doubt. In this case, Scola explicitly said he considered the six undecided counts in determining Esformes’ sentence.

The Justice Department nevertheless wants to take another stab at convicting Esformes of those crimes. It argues that the commutation Esformes received does not preclude another prosecution, because it says nothing about the unresolved counts.

Trump explicitly left in place three years of post-release supervision, plus restitution and forfeiture totaling about $44 million. But it is hard to believe he thought he was leaving the door open to a trial that could send Esformes back to prison. That prospect instead seems to be the result of a mistake that could have been avoided if Trump had been better advised.

“A good system would have made him aware of the hung counts and the fact they could be retried,” University of St. Thomas law professor Mark Osler notes. Then Trump could have pardoned those counts, which would have prevented a retrial.

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As Osler sees it, that oversight is emblematic of a broken clemency process that is highly bureaucratic, needlessly complicated, painfully slow and maddeningly opaque. The current system involves seven sequential layers of review and effectively empowers prosecutors to block mercy for defendants they put away.

Presidents frustrated by that process often have been tempted to take shortcuts, Osler notes, resulting in “hasty clemency grants in the last days of an administration.” Trump, for example, granted 78 of his 94 commutations during his last 31 days in office.

Although Americans might assume that pattern is traditional, it did not emerge until the Clinton administration. And as acts of clemency became increasingly concentrated toward the end of a president’s time in office, they also became much rarer: Trump granted 2% of petitions, for instance, down from 12% under Ronald Reagan and 36% under Richard Nixon.

It seems unlikely that Joe Biden, who currently has a backlog of nearly 17,000 petitions, will make a substantially bigger dent in them than his recent predecessors did. Meanwhile, his administration’s vindictive pursuit of Esformes casts doubt on the finality of clemency, sending exactly the wrong signal about an important but woefully underused remedy for injustice.

Jacob Sullum is a senior editor at Reason magazine. Follow him on Twitter: @JacobSullum.

​ Orange County Register 

Former Edison, Orange Coast College football coach Bill Workman dies at age 82

• July 7, 2023

Bill Workman, who built Edison’s football program into an Orange County powerhouse in the late 1970s and early ’80s, and later coached at Orange Coast College, has died at age 82, his daughter Julie confirmed.

The longtime Fountain Valley resident died Monday after fighting Lewy body dementia the past few years, she said.

In his 13 seasons as Edison’s coach, Workman guided the school to CIF-SS Big-Five Conference titles in 1979 and 1980, and a Big-Five co-championship in 1985, his final season.

His teams won a then-county record 32 consecutive games from 1979-81 and featured standouts such as Kerwin Bell, Frank Seurer, Mark Boyer and Bill Malavasi.

“Great coach,” said former Edison coach Dave White, who played and coached for Workman. “He was a player’s coach. You liked playing for him. He made it fun to work hard.”

Workman compiled a 109-33-5 record at Edison. The Chargers won seven Sunset League titles, and never posted a losing record.

In 1980, Edison won the section championship by defeating rival Fountain Valley 14-0 before a crowd of nearly 29,000 at Angel Stadium.

But Workman focused on much more than winning.

The graduate of Whitter College was known for mentoring players to be responsible and strive for success on and off the field. He advocated for players to be tested for drugs and alcohol.

“His most important thing was being with the kids, and mentoring young kids,” Julie said of her father. “He taught the guys how to act, and how to respond in certain situations.”

On the field, Workman instilled the program with pride. He added a popular lightning bolt to the team’s pants for games and started the “Stand Tall” tradition of Edison players placing their hands at their waist between plays, Julie said.

Workman left Edison for Orange Coast College, where he replaced longtime coach Dick Tucker.

Workman highlighted his 13-year tenure by leading the Pirates to a Mission Conference title in 1990. He resigned in 1999 with a 63-70 record.

During White’s final season as Edison’s head coach in 2016, Workman was a frequent visitor on the Chargers’ sideline. He also attended the Edison-Fountain Valley rivalry game last season.

“(He was) a second father to me,” White said. “He’s in a better place now.”

Workman is survived by his wife Sheri, daughters Julie and Jana and nine grandchildren. Two of his grand-daughters, twins Sydnee and Jordyn Norwood, play basketball at Crean Lutheran.

Funeral service plans are pending, Julie said.

Please send football news to Dan Albano at [email protected] or @ocvarsityguy on Twitter

​ Orange County Register 

Julio Urías returns to form in Dodgers’ win over Pirates

• July 7, 2023

LOS ANGELES ― The time Julio Urías spent rehabbing a strained left hamstring was an eventful one for the Dodgers’ pitching staff.

Bobby Miller and Emmet Sheehan were thrust into the rotation from the minor leagues. Clayton Kershaw hurt his shoulder. Daniel Hudson returned from one knee injury and was potentially lost for the season with another.

Against this backdrop, Urías’ return could not come soon enough, but he was victimized by a series of bloop hits and shoddy defensive plays on Saturday in Kansas City and the Dodgers lost.

The Dodgers’ defense did not always play to Urías’ favor in a 5-2 victory over the Pittsburgh Pirates on Thursday night. It scarcely mattered. Urías resembled the pitcher who finished in the top 10 of the National League Cy Young Award voting each of the last two seasons in front of an announced crowd of 42,036 at Dodger Stadium.

After allowing a two-run “double” to Nick Gonzales in the second inning – Dodgers left fielder David Peralta charged in, only to watch the ball sail over his head – Urías retired 11 consecutive hitters until issuing a leadoff walk to begin the sixth inning.

Dodgers manager Dave Roberts was hoping to stretch out Urías to six innings and 90 pitches; Urías met that goal with two pitches to spare. He allowed three hits, two runs, walked one batter and struck out eight – his most in a game since May 2.

After a frustrating couple of months of inactivity, Urías earned the rest he’ll get during the All-Star break. He might need it after putting the team on his back Thursday night.

“It’s really frustrating,” Urías said in Spanish. “Everyone wants to be out here, competing, doing their thing, being able to put their foot in the sand, help the team win.”

The Dodgers (49-38) took three of four games from the Pirates (40-47). Thanks to the Arizona Diamondbacks (50-38) losing their fourth straight game, the Dodgers are now a half-game back of first place in the National League West.

The Dodgers’ offense consisted of Mookie Betts, Freddie Freeman, and a well-timed home run by Max Muncy.

Betts (2 for 4) led off the first inning with a double to left field against right-hander Johan Oviedo (3-10). Freeman (3 for 4) followed with his 15th home run of the season.

After Peralta’s gaffe helped tie the score at 2-2 in the second inning, it appeared Urías might be stuck with a no-decision. But a double by Freeman, followed by Muncy’s 20th home run of the season, gave the Dodgers a 4-2 lead in the sixth inning.

Freeman, who knocked in an insurance run in the seventh inning, went 7 for 17 in the series. Betts went 4 for 15 with three walks and a home run. Muncy went 4 for 14 with two homers and two walks.

Each of Muncy’s home runs exited over the center field fence – a positive sign for the struggling slugger.

“It just tells me my hands are doing what they’re supposed to do,” Muncy said. “Even though I pull the ball quite often, my approach is always to the center of the field. It’s just my hands don’t always allow that to happen. Even the first at-bat, I hit a line drive to left field. That just tells me that my swing’s doing what it’s supposed to do. If I just keep trusting that, there’s going to be some results coming.”

Nick Robertson, Brusdar Graterol and Alex Vesia kept Pittsburgh scoreless over the final three innings on a short-handed night for the Dodgers’ bullpen.

Robertson had been recalled earlier in the day from Triple-A Oklahoma City. Graterol was a game-time decision, with prospect Landon Knack ready to take his place on the roster in case a minor shoulder injury sent Graterol to the injured list. Vesia converted his first save of 2023, in only his second opportunity.

The Dodgers had been considering bringing starter Noah Syndergaard off the IL early in case their bullpen needed reinforcements for their two-game series against the Angels. Thanks to Urías’ long start and a clean finish by the bullpen, Roberts said that won’t be necessary.

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Freddie pic.twitter.com/HU82PdIgMQ

— SportsNet LA (@SportsNetLA) July 7, 2023

Max puts the #Dodgers up 2⃣! pic.twitter.com/lRwy9d85Il

— SportsNet LA (@SportsNetLA) July 7, 2023

El 6 de Julio. pic.twitter.com/w17J2HlEVE

— Los Angeles Dodgers (@Dodgers) July 7, 2023

Smooth like Freddie. pic.twitter.com/heHVjrZs9d

— Los Angeles Dodgers (@Dodgers) July 7, 2023

“I’m kinda getting used to number 50 in the dirt.” Freddie Freeman is getting comfortable seeing Mookie play SS. pic.twitter.com/ZQFpAmByZM

— SportsNet LA (@SportsNetLA) July 7, 2023

​ Orange County Register 

HGTV star Christina Hall’s former Newport Beach house lists at $8 million

• July 7, 2023

A renovated Newport Beach home previously owned by HGTV star Christina Hall is up for grabs at $7.995 million.

The ask is 49% more than the $5.35 million county documents show the 39-year-old host of “Christina on the Coast” and “Christina in the Country” got in June 2021.

With its metal roof and board-and-batten siding, this 4,804-square-foot, two-story house sits on over a half-acre lot with a resort-style backyard. Constructed in 1999 and updated by the current owner, it has five bedrooms, five bathrooms and an open-concept floor plan.

The listing calls it a “perfect harmony of minimalist aesthetics and efficient space utilization.”

Inside are all-white walls, wide-plank, white oak flooring, clerestory windows and a soaring vaulted ceiling with skylights. An oversized center island with seating outfits the gourmet kitchen that opens to the great room.

Slide-away glass doors extend the living space out.

The backyard features a new pool and spa, raised sundecks, lawns, an outdoor shower, and a pavilion with bar seating and built-in heaters.

Back inside, the primary suite encompasses two levels. It has a loft, wraparound patio, walk-in closet and a new bathroom with a freestanding tub and a walk-in shower.

A three-car garage with new doors, porch swings and motorized gates add to the offerings.

Keven Stirdivant of Kase Real Estate holds the listing

Records show Hall, 39, purchased the house in June 2018 in an off-market deal for $4.1 million as Christina El Moussa and put her signature on it — but that’s what she’s known for.

She got her start on the long-running “Flip or Flop” alongside her first husband, Tarek El Moussa, with whom she shares two children, daughter Taylor, 12, and son Brayden, 7. She was also previously married to Ant Anstead of “Wheeler Dealers” fame, father of son Hudson, 3.

Hall now co-produces her latest HGTV shows with her third husband, real estate agent Josh Hall.

Peek inside Christina El Moussa’s new $4.1 million home

Christina El Moussa of ‘Flip or Flop’ buys gated home in Newport Beach for $4.1 million

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​ Orange County Register