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Opinion: Steve Garvey's strange win is a loss for California election reform. Here's the solution

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Opinion: Steve Garvey's strange win is a loss for California election reform. Here's the solution

The Dodgers don’t usually get any intentional help from their archrivals, the Giants. But something that strange just happened in California’s primary: Former Dodgers great and current Republican U.S. Senate candidate Steve Garvey advanced to the general election along with Democratic Rep. Adam B. Schiff — after being elevated almost entirely by the other team. The former National League MVP’s long-shot bid for the Senate benefited from an estimated $35 million in television ads from a surprising source: Schiff and his allies.

Why did the Burbank Democrat spend a small fortune boosting Garvey’s name recognition and blanketing the airwaves with ads that touted the former first baseman’s conservative credentials? You might call it a squeeze play: Schiff wanted to keep his two closest Democratic competitors out of the fall race, and he succeeded. Garvey claimed the second-highest vote total in the top-two primary, while Democratic Reps. Katie Porter of Irvine and Barbara Lee of Oakland finished in third and fourth, leaving them out of the running.

This is a classic example of a problem that could be solved by ranked-choice voting, a tested, nonpartisan reform that discourages this sort of gamesmanship and more accurately represents what a majority of voters want.

Schiff’s skulduggery was unfortunate but totally rational under the current system. In California’s unusual “jungle” primary, every candidate runs in the same preliminary election, and the top two vote-getters move on to the general election regardless of party affiliation. Schiff seemed certain to claim one of the two spots from the beginning, but he faced a potentially competitive race in the fall against a progressive Democrat such as Porter or Lee.

So Schiff decided to try to choose an easier opponent. California Democrats outnumber Republicans 2 to 1, and the state’s voters haven’t sent a Republican to the Senate in 35 years.

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Schiff’s beneficence deserves much of the credit for ensuring what has become an all too common feature of California’s general elections: a statewide contest in which a Democrat will probably trounce a sacrificial Republican instead of facing real competition from within his own party. Garvey’s largely quiet campaign did not air television ads of its own, and his campaign appearances were few and far between. The Republican spent just $1.4 million through mid-February, a small fraction of what Schiff and his allies spent boosting him.

Porter decried the contest as “rigged” because of Schiff’s tactics, but her allies got up to similar trickery. They tried to elevate a more conservative Republican, perennial candidate Eric Early, as “way more dangerous than Steve Garvey.” Their evident hope was to peel enough votes away from Garvey to allow Porter to finish second.

Our politics need not be this underhanded. It would be easy to end this chicanery and ensure that the candidates with the widest and deepest support face off in the fall.

Ranked-choice voting, whose renaissance started in the Bay Area and is quickly spreading across the country, is the best tool for reflecting the wishes of voters in any race with more than two candidates. It allows voters to rank their chosen candidates — first, second, third and so on — and enables an instant runoff: If no one secures a majority of first-choice votes, the last-place candidate is eliminated and their votes awarded to their supporters’ next choice, a process repeated until one candidate gets more than 50%. This eliminates spoiler candidates, wasted votes for eliminated candidates, winners with relatively small pluralities, and duplicitous tactics like Schiff’s and Porter’s.

One option is for California to adopt a “final four” model such as the one being used successfully in Alaska. Instead of advancing just two candidates from the primary, the state admits the top four to the general election, which is then decided by ranked choice.

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This allows multiple candidates of different ideological stripes within a party to run against one another without splitting the field, which is particularly important in an overwhelmingly blue state like California. It also helps ensure that both major parties have at least one candidate in the general election. That could have allowed Schiff, Garvey, Lee and Porter to all make their cases before a much larger and more representative November electorate.

Voters, meanwhile, would be able to choose their actual favorite from a wide field — along with their second and subsequent choices — without any fear of playing spoiler. The winner would be the candidate with the deepest and broadest support among all California voters. And the election would have a completely different vibe: Instead of ignoring his strongest Democratic opponents, Schiff would have had to compete to be their supporters’ second choice.

California has long been at the vanguard of electoral reforms that produce fairer results, and the top-two primary was an important innovation. But there’s no reason to stop there.

Ranked-choice voting would make the state’s elections even fairer. The Dodgers don’t get to decide which teams they play, and politicians shouldn’t be able to get away with it either.

Marcela Miranda-Caballero is the executive director of the California Ranked Choice Voting Coalition. David Daley is a senior fellow at FairVote and the author of “Unrigged: How Americans Are Battling Back to Save Democracy.”

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Trump ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins

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Trump ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins

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The Justice Department is turning to former Trump attorney Joeseph diGenova to spearhead a probe into ex-CIA Director John Brennan and others over the origins of the Trump-Russia investigation, as the department reshuffles leadership of the sprawling inquiry.

Acting Attorney General Todd Blanche has tapped diGenova to serve as counsel overseeing the matter, according to a New York Times report, putting a former Trump attorney in a key role in the high-profile probe. A federal grand jury seated in Miami has been impaneled since late last year.

The Department of Justice did not immediately respond to Fox News Digital’s request for comment.

DOJ ACTIVELY PREPARING TO ISSUE GRAND JURY SUBPOENAS RELATING TO JOHN BRENNAN INVESTIGATION: SOURCES

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Joseph diGenova represented President Donald Trump during special counsel Robert Mueller’s investigation. (Tom Williams/CQ-Roll Call/Getty Images)

DiGenova, a former U.S. attorney in Washington, D.C., who represented Trump during special counsel Robert Mueller’s investigation, has repeatedly accused Brennan of misconduct tied to the origins of the Russia probe—allegations that have not resulted in criminal charges.

He also said in a 2018 appearance on Fox News that Brennan colluded with the FBI and DOJ to frame Trump.

The origins of the Russia investigation have been the subject of ongoing scrutiny by Trump allies, who have argued that intelligence and law enforcement officials improperly launched the probe.

BRENNAN INDICTMENT COULD COME WITHIN ‘WEEKS’ AS PROSECUTORS REQUEST OFFICIAL TRANSCRIPTS

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Joseph diGenova has previously said that ex-CIA chief John Brennan colluded with the FBI and DOJ to frame Trump. (Tom Williams/CQ-Roll Call/Getty Images)

DiGenova’s appointment follows the ouster of Maria Medetis Long, a national security prosecutor in the South Florida U.S. attorney’s office. She had been overseeing the inquiry, including a false statements probe related to Brennan and broader conspiracy-related investigations.

As the investigation continues, federal investigators have issued subpoenas seeking information related to intelligence assessments of Russian interference in the 2016 election.

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John Brennan has denied any wrongdoing related to the Russia investigation. (William B. Plowman/NBC/NBC NewsWire via Getty Images; Alex Wong/Getty Images)

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Brennan has previously denied wrongdoing related to the Russia investigation and has defended the intelligence community’s assessment that Moscow interfered in the 2016 election.

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Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’

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Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’

A man carrying a gun and a cellphone entered a federal credit union in a small town in central Virginia in May 2019 and demanded cash.

He left with $195,000 in a bag and no clue to his identity. But his smartphone was keeping track of him.

What happened next could yield a landmark ruling from the Supreme Court on the 4th Amendment and its restrictions against “unreasonable searches.” The court will hear arguments on the issue on April 27.

Typically, police use tips or leads to find suspects, then seek a search warrant from a judge to enter a house or other private area to seize the evidence that can prove a crime.

Civil libertarians say the new “digital dragnets” work in reverse.

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“It’s grab the data and search first. Suspicion later. That’s opposite of how our system has worked, and it’s really dangerous,” said Jake Laperruque, an attorney for the Center for Democracy & Technology.

But these new data scans can be effective in finding criminals.

Lacking leads in the Virginia bank robbery, a police detective turned to what one judge in the case called a “groundbreaking investigative tool … enabling the relentless collection of eerily precise location data.”

Cellphones can be tracked through towers, and Google stored this location history data for hundreds of millions of users. The detective sent Google a demand for information known as a “geofence warrant,” referring to a virtual fence around a particular geographic area at a specific time.

The officer sought phones that were within 150 yards of the bank during the hour of the robbery. He used that data to locate Okello Chatrie, then obtained a search warrant of his home where the cash and the holdup notes were found.

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Chatrie entered a conditional guilty plea, but the Supreme Court will hear his appeal next week.

The justices agreed to decide whether geofence warrants violate the 4th Amendment.

The outcome may go beyond location tracking. At issue more broadly is the legal status of the vast amount of privately stored data that can be easily scanned.

This may include words or phrases found in Google searches or in emails. For example, investigators may want to know who searched for a particular address in the weeks before an arson or a murder took place there or who searched for information on making a particular type of bomb.

Judges are deeply divided on how this fits with the 4th Amendment.

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Two years ago, the conservative U.S. Court of Appeals for the 5th Circuit in New Orleans ruled “geofence warrants are general warrants categorically prohibited by the 4th Amendment.”

Chief Justice John Roberts sided with the court’s liberals in a 4th Amendment privacy case in 2018.

(Alex Wong / Getty Images)

Historians of the 4th Amendment say the constitutional ban on “unreasonable searches and seizures” arose from the anger in the American colonies over British officers using general warrants to search homes and stores even when they had no reason to suspect any particular person of wrongdoing.

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The National Assn. of Criminal Defense Lawyers relies on that contention in opposing geofence warrants.

Its lawyers argued the government obtained Chatrie’s “private location information … with an unconstitutional general warrant that compelled Google to conduct a fishing expedition through millions of Google accounts, without any basis for believing that any one of them would contain incriminating evidence.”

Meanwhile, the more liberal 4th Circuit in Virginia divided 7-7 to reject Chatrie’s appeal. Several judges explained the law was not clear, and the police officer had done nothing wrong.

“There was no search here,” Judge J. Harvie Wilkinson wrote in a concurring opinion that defended the use of this tracking data.

He pointed to Supreme Court rulings in the 1970s declaring that check records held by a bank or dialing records held by a phone company were not private and could be searched by investigators without a warrant.

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Chatrie had agreed to having his location records held by Google. If financial records for several months are not private, the judge wrote, “surely this request for a two-hour snapshot of one’s public movements” is not private either.

Google changed its policy in 2023 and no longer stores location history data for all of its users. But cellphone carriers continue to receive warrants that seek tracking data.

Wilkinson, a prominent conservative from the Reagan era, also argued it would be a mistake for the courts to “frustrate law enforcement’s ability to keep pace with tech-savvy criminals” or cause “more cold cases to go unsolved. Think of a murder where the culprit leaves behind his encrypted phone and nothing else. No fingerprints, no witnesses, no murder weapon. But because the killer allowed Google to track his location, a geofence warrant can crack the case,” he wrote.

Judges in Los Angeles upheld the use of a geofence warrant to find and convict two men for a robbery and murder in a bank parking lot in Paramount.

The victim, Adbadalla Thabet, collected cash from gas stations in Downey, Bellflower, Compton and Lynwood early in the morning before driving to the bank.

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After he was robbed and shot, a Los Angeles County sheriff’s detective found video surveillance that showed he had been followed by two cars whose license plates could not be seen.

The detective then sought a geofence warrant from a Superior Court judge that asked Google for location data for six designated spots on the morning of the murder.

That led to the identification of Daniel Meza and Walter Meneses, who pleaded guilty to the crimes. A California Court of Appeal rejected their 4th Amendment claim in 2023, even though the judges said they had legal doubts about the “novelty of the particular surveillance technique at issue.”

The Supreme Court has also been split on how to apply the 4th Amendment to new types of surveillance.

By a 5-4 vote, the court in 2018 ruled the FBI should have obtained a search warrant before it required a cellphone company to turn over 127 days of records for Timothy Carpenter, a suspect in a series of store robberies in Michigan.

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The data confirmed Carpenter was nearby when four of the stores were robbed.

Chief Justice John G. Roberts, joined by four liberal justices, said this lengthy surveillance violated privacy rights protected by the 4th Amendment.

The “seismic shifts in technology” could permit total surveillance of the public, Roberts wrote, and “we decline to grant the state unrestricted access” to these databases.

But he described the Carpenter decision as “narrow” because it turned on the many weeks of surveillance data.

In dissent, four conservatives questioned how tracking someone’s driving violates their privacy. Surveillance cameras and license plate readers are commonly used by investigators and have rarely been challenged.

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Solicitor Gen. D. John Sauer relies on that argument in his defense of Chatrie’s conviction. “An individual has no reasonable expectation of privacy in movements that anyone could see,” he wrote.

The justices will issue a decision by the end of June.

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Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC

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Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC

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President Donald Trump mocked the Islamic Revolutionary Guard on Sunday morning for staking claim to a Strait of Hormuz “blockade” the U.S. military had already put in place.

“Iran recently announced that they were closing the Strait, which is strange, because our BLOCKADE has already closed it,” Trump wrote on Truth Social. “They’re helping us without knowing, and they are the ones that lose with the closed passage, $500 Million Dollars a day! The United States loses nothing. 

“In fact, many Ships are headed, right now, to the U.S., Texas, Louisiana, and Alaska, to load up, compliments of the IRGC, always wanting to be ‘the tough guy!’”

Trump declared Saturday’s IRGC fire was “a total violation” of the ceasefire.

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“Iran decided to fire bullets yesterday in the Strait of Hormuz — A Total Violation of our Ceasefire Agreement!” his post began.

“Many of them were aimed at a French Ship, and a Freighter from the United Kingdom. That wasn’t nice, was it? My Representatives are going to Islamabad, Pakistan — They will be there tomorrow evening, for Negotiations.”

Trump remains hopeful about diplomacy, but is not ruling out a return to force, where he once warned about ending “civilation” in Iran as they know it.

“We’re offering a very fair and reasonable DEAL, and I hope they take it because, if they don’t, the United States is going to knock out every single Power Plant, and every single Bridge, in Iran,” Trump’s stern warning continued. 

“NO MORE MR. NICE GUY! 

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“They’ll come down fast, they’ll come down easy and, if they don’t take the DEAL, it will be my Honor to do what has to be done, which should have been done to Iran, by other Presidents, for the last 47 years. IT’S TIME FOR THE IRAN KILLING MACHINE TO END!”

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