What Would a Jackie Speier versus Larry Lessig Race Look Like?

by: Matt Stoller

Mon Feb 18, 2008 at 11:18


One of the most interesting special elections of all time could be shaping up in California's 12th Congressional district just below San Francisco to replace Tom Lantos.  Jackie Speier has quickly locked up establishment support and cleared the field for the April 8th special election date.

California's 12th, which takes in western San Francisco, is a Democratic bastion that CQ Politics rates Safe Democrat. Voters there gave 2004 Democratic presidential challenger John Kerry 72 percent of the vote and President Bush 27 percent. Lantos took 76 percent of the vote in his 2006 election and never received less than two-thirds of the vote in any general election since 1984.

Lantos endorsed former state Sen. Jackie Speier as his successor after his January retirement announcement. Speier quickly cleared the field of at least one potentially competitive challenger, state Sen. Leland Yee, and has landed endorsements from the state's two Democratic senators, Dianne Feinstein and Barbara Boxer , as well as Rep. Anna Eshoo of the neighboring 14th District, Rep. Mike Thompson, San Francisco Mayor Gavin Newsom and Los Angeles Mayor Antonio Villaraigosa.

Speier, an attorney, ran for Congress nearly 30 years ago to succeed her late boss, Democratic Rep. Leo Ryan. Speier was one of several individuals who accompanied Ryan on a 1978 trip to Jonestown, Guyana, to investigate reported abuses at the People's Temple commune. Members of the group attacked Ryan and others at the airstrip as the group attempted to fly home. Ryan and five others were killed. Speier survived five gunshot wounds.

The district is heavily Asian-American, so clearing the field of Yee looked like a strong political move for Speier.  That is, unless, another white challenger jumps into the race, someone like Larry Lessig who brings his own base of support.  If Yee were in the race, my guess is that it would basically be impossible for Lessig to win, since he would not be able to consolidate the anti-establishment vote.

The themes in the race would be fascinating.  Already we see a 'Change Congress' site set up and linked off of the Draft Lessig blog, and Lessig has focused of late on corruption as a root cause of poor decision-making.  Speier is a very tough candidate, so beloved in the distrct that she has a bullet train named after her.  She was willing to take on Lantos in a primary, mostly on local issues but with some critiques of his foreign policy stances, so she is quite a fierce and ambitious competitor with high name ID.

I like both of these individuals very much, and I would love to see Lessig jump in.  The Silicon Valley area is seeing a surge in local Democratic activity and organizing, as it is a blue area that had let its grassroots atrophy.  That's a network into which Lessig would probably have to tap to compete with all the establishment support from Boxer and Feinstein, both of whom are radically out of touch in their own unique ways.

Matt Stoller :: What Would a Jackie Speier versus Larry Lessig Race Look Like?

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Grass roots, anti-corruption narrative vs....what? (4.00 / 1)
My read from just north of the district is that Speier is seen as a pretty authentic, grass roots sort of person herself.  Back when there was the possibility she might run against Lantos, she wasn't going to have any establishment support.  It's not like we're dealing with Al Wynn or Dan Lipinski here.  Even though the establishment now supports Speier, I don't really think of her as an "establishment candidate" who can easily be branded that way.  Either way, she's definitely very progressive and there's no pre-existing corruption narrative that I know of around her.

Yes we Kang

Yes (0.00 / 0)
I doubt there will be claims that she is corrupt.  Lessig would run on a pledge to clean up Congress.

[ Parent ]
Matt (0.00 / 0)
I posted this on the last thread, but it is much more relevant here, I think.

I don't know if you know anything about Wikileaks, but it is an open Left institution with huge potential, and that has already had an impact in and outside the US on corrupt governments.  It fits exactly into Lessig's focus on corruption and the free internet, as well as yours. A California judge shut it down yesterday.
Here's the DailyKos diary on the subject.
http://dailykos.com/storyonly/...

I support John McCain because children are too healthy anyway.


[ Parent ]
Anyone who barely loses a primary for LtGov, in a year where Gov is not viewed as a winnable contest, is Establishment. (0.00 / 0)
Speier was only a couple of points away from being the Lt Gov.  She outraised Garamendi.  If the Cal Democratic Party is willing to let you become any one of the constitutional officers, then you're establishment.

This has only some relevance to the questions of whether she's progressive, effective, etc.

And "establishment" isn't, by itself, a pejorative.  Or rather, it is to me, but only because I have peculiar half-formed notions about the drug trade and corruption.  But since I have no solid understanding of that level of play, I have to default back in unrelated commentary to the position that "establishment" is a situational term that can mean good, bad, or neutral things, depending.


[ Parent ]
Lessig's support base (0.00 / 0)
I think the grassroots here (I live in SF) is somewhat heterogeneous.  There are traditional progressive values activists with a long history.  And then there are the people here who organized and had their activist 'awakening' around internet and copyright/DMCA issues.  I'm the latter certainly.  And I think Lessig would get a significant foundation of monetary support.  Slashdot, boingboing and the like just have to say the word and post a link to a fundraising page.  It would pour in like a firehose.  And then there's all the google and yahoo employees living in CA-12.

There are boots on the ground, the fundraising potential is there and he would completely own net-neutrality, copyright and patent reform.

It would be an interesting race.


This would be a great race (4.00 / 1)
They'd both force each other to improve on their weak points. Jackie Speier is one of the most effective legislators this state has seen in some time, and she is able to get good things done without having to make ugly compromises to make it happen. The reason Caltrain named a train after her was in recognition of her central role in helping that system survive several financial crises and continue to provide mass transit options on the peninsula.

Lessig, as we know, is brilliant on issues of constitutional law, not just on corruption and copyright - issues Jackie Speier would probably do well on, but issues that she also isn't foregrounding. Lessig could help her articulate the need to roll back Bush's and Congress' abrogations of the Constitution, and Speier could help Lessig explain how he'd be an effective legislator instead of a lone voice among the 435.

I don't think Lessig could win, and I think Speier will be an excellent member of Congress - one of the best. But I also think Lessig's challenge would put some interesting issues on the table, forcing Democrats to take more seriously the basic constitutional and legal issues he has spent the last decade writing about. I see this as a win-win.


that is my take as well (0.00 / 0)
It would be really tough for Lessig, but a great race nonetheless.

[ Parent ]
I have been reading voraciously (0.00 / 0)
comments across the Internet on the possibility of a Lessig candidacy. This is perhaps the most balanced -- not in the sense of giving equal weight to the two candidates, but in the sense of 'probably tells both stories pretty accurately'.

Before Lantos' passing, a Lessig candidacy could have had many months to mount a campaign, building name ID in the district and staking courageous positions on issues a lot of politicians are unwilling to touch -- potentially becoming a litmus test for Dem candidates across the country. But that's not the case now.

I think it's possible for Lessig to win, but it's far from certain. It's not at all certain that he's interested in elected office in the least. But out of principle, when opportunities like this arise -- particularly in open races -- we, as a community, should encourage smart, progressive leaders to run, even if there's already another in the race. I'd rather have 2 great options than 1, personally. (Wouldn't it be great to have a race about "Why I'm good" rather than "Why the other guy is bad"?) And it's important to show future potential candidates that they'll have community support if they run, so we can put good people into the halls of power, rather than leaving them languishing in academia and advocacy work.

Here's what I think would be a win-win: Lessig uses the momentum from the draft effort, and the threat that he could make a competitive race, to talk to Speier about some of the issues he's so good with. Speier makes public statements about her positions on these issues and pledges to fight for them; Lessig says "these are good positions, and I think she'll be an effective legislator, so I endorse her". But Lessig makes it known, publicly and privately, that he'll be watching Speier's votes and statements, and blowing the whistle if she steers wrong. (Which means: a. if you have questions about stuff, you better call me and listen to what I have to say; and b. if you don't, and you screw it up on these important issues, I know I have a base out there and I can use it to hurt you.)

Not knowing much about Speier, and even less about her background on these issues (other than a mention of her work on privacy legislation in Calif.), this seems like a pretty feasible and beneficial outcome to me. If we can keep Lessig in his current work, avoid a primary between two good candidates, and win a champion for free culture in Congress (can we say 'a Lessig surrogate'?) -- that seems like the definition of "win-win" to me.

No, I do not weep at the world — I am too busy sharpening my oyster knife.
    Zora Neale Hurston


[ Parent ]
I don't think it'll go down like that. (0.00 / 0)
This is one of the bluest districts in the country.  If there's only 1 Democrat in the race, that person will be the winner.

So if Lessig is out, then Speiers can do whatever she wants and any 'whistleblowing' on issues will not matter.


[ Parent ]
Re-election? (0.00 / 0)
We've primary'd bad Dems in the past; we could do it again if necessary.

Whether or not Lessig runs, hopefully we can carry this momentum forward to build up our tools to make Congresspeople do the right thing on free culture issues. If we don't, then having Lessig in Congress won't make much difference.

No, I do not weep at the world — I am too busy sharpening my oyster knife.
    Zora Neale Hurston


[ Parent ]
it would be quite a show (4.00 / 1)
The reason Caltrain named a train after her was in recognition of her central role in helping that system survive several financial crises and continue to provide mass transit options on the peninsula.

Actually, they named the flagship of their new baby bullet trains after her for her leadership in securing the funding for the track adjustments necessary to allow passing of trains so the system could expand to high speed.

I'd far prefer Lessig to begin running for the 2012 senate seat now and use the experience as the basis for the first half of his decade long corruption fight (with the second half in the senate).


[ Parent ]
Wow (0.00 / 0)
Is Feinsein likely to resign? Because that would be an epic primary battle.

Don't know if the progressive movement has the oomph to fund a real Senate primary challenge without a guy like Lamont, though looking at Ron Paul's fundraising success, I guess the money is out there if you have a campaign capable of tapping it.

Anyway, if they guy isn't willing to run for an open House seat, I sort of doubt he's up for challenging a sitting Senator.

I support John McCain because children are too healthy anyway.


[ Parent ]
CA Senate (0.00 / 0)
The person the Democrats will be running against for DiFi's seat is Schwarzenegger.  He'll be termed out and he can't run for President.  So anybody who runs for that seat either faces her or the governator.  Frankly, I'd rather run against a candidate who is tough enough to survive multiple gunshot wounds than run for Difi's seat.

[ Parent ]
Won't he be (0.00 / 0)
term limited in 2010? Would he wait to challenge DiFi instead of Boxer?

I support John McCain because children are too healthy anyway.

[ Parent ]
hmm, (0.00 / 0)
I guess that depends on the state of the retirement rumor.  He doesn't have to decide now, but an empty seat might be worth keeping your options open.

[ Parent ]
Senator is a demotion from Governor (0.00 / 0)
Won't happen.

It has happened before, but Der Gropinator is the king of California. He would be utterly unable to function as a junior member of a parliamentary body. He's had to make some semblance of peace with the legislative portions of the state government, but that experience is entirely as the executive and nominal leader.

That's why you usually have governors running for president. In years past, I would have expected the GOP to full-court press for an amendment allowing naturalized citizens to become president, but the current GOP would never accept a relative moderate, and Ahnuld is both too moderate and too Hollywood. I think the story ends with the term limits.


[ Parent ]
I didn't realize (0.00 / 0)
She'll be 79 in 2012, and doesn't have extraordinary approval ratings. I guess the potential of a primary challenge could convince her to retire, if she doesn't decide to anyway. I do love the idea of replacing her with someone actually good, but who knows how things will look in four years.

I support John McCain because children are too healthy anyway.

[ Parent ]
In 4 years (4.00 / 1)
Lessig could be sitting on the FCC or another agency, if he gets a nod (as some have suggested he might). He could stay there, or use it as a platform to launch a Senate campaign.

(We seem to be getting ahead of ourselves, but the speculation is so delicious...)

No, I do not weep at the world — I am too busy sharpening my oyster knife.
    Zora Neale Hurston


[ Parent ]
And without the bullet service (0.00 / 0)
Caltrain would be in a significant financial hole. In any case, her leadership on mass transit is amazing; I'm sending some money to her next month in no small part because of it.

Agreed on Lessig '12 - it would be a fitting way to replace DiFi, who has decided that the Constitution now means whatever Cheney says it means.


[ Parent ]
The only real bad case would be if Lessig jumped in, and then Leland Yee did too. (0.00 / 0)
Progressives generally don't have many great things to say about Leland Yee.  Standard-issue machine hack seems to be the most frequent assessment I hear.

That said, first imagine a Speier-Yee race.  Ok, then imagine Lessig jumping into that race.  I don't know all the ins and outs of San Mateo County (I'm in SF), but my strong impression is that Lessig would cut deep into Speier's base, and not cut into Yee's at all.

So in reverse, if Lessig jumps in, and I'm Yee, I am seeing a major opportunity, because the upscale Internet progressive vote, a very big factor in that district, is split.  And watching Yee jump in and take the seat would be a real bummer, and about the only bad outcome possible here (well, Lessig getting 5% of the vote would also suck).


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